Skip to main content

Full text of "The Govt Of India Act 1919 Rules Thereunder And Govt Reports 1920"

See other formats


THE BOOK WAS 
DRENCHED 



< c ^ 

00 jr ^ $ 

m< OU 166556 >m 

> a: -n 73 



8m 



The Govt. of India Act 

& 

Govt. Reports 

1920 



The Govt. of India Act 1 919 

Rules Thereunder & 
Govt. Reports, 1920 



EDITED BY 

H. N. MITRA. MA, B.L. 



Published by 

N. N. M1TTER 

ANNUAL REGISTER OFFICE 

SIBPUR, CALCUTTA, 

1921 



FKIKTISD & FUBLIWHJiD BY N. N. MfiTER, AT THK <* BELA. 1'RESS " 

93, Khetter Banerji Lane, Stitpw, 



TABLE OF CONTENTS 



PAGE 

The Royal Proclamation on IndianReforms ... ix 

The Royal Instruction to Governors ... xiii 

The Secretary of States' Powers re Transferred Subject* xvi 
The Government of India Act 1919 

Arrangement of Sections ... 1 

The Government of India Act, 1919 Text 

The Govt. of India Act, 1919 Text ... , % ... 3 

Parti Local Governments * . ... ... 3 

Part II Government of India Iti 

Part III Sec. of State in Council ... ... 24 

Part IV Civil Services in India ... ... 27 

Part V Statutory Commission ... 30 

Part VI General ... ... ... 30 

Schedule I Number of Members 33 

Schedule II ... ... . ... ... 31 

Report of the Financial Relations Committee ... ... 19 

Rules under the Government of India Act, 1919 

The Council of State and the Legislative Assembly ... 65 

The Provincial Legislative Councils ... ... 77 

Rules for the Legislative Assembly ... 85 

Rules for the Council of State ... ... 96 

Constituencies for the Legislative Assembly 108 

Constituencies for the Council of State ... ... 110 

The Devolution Rules ... ... ... 113 

Schedule I Central Subjects . ... 123 

Provincial Subjects ... ... 125 

Schedule II Transferred Subjects ... 130 



( vi ) 

PAGE 

Schedule III ... - - 133 

Schedule IV ---- ... ... ... 135 

Transferred Subject* Rules ... - 136(a) 

Scheduled Taxes Rules ... ... ... 136(i) 

Local Legislature Rules ... 136(c) 

Reservation of Bills Rules - ... 



The Esher Report. 

Report of the Army in India Committee 1919 ... 137 

The Despatch to the Secretary of State 137 

The Preliminary Report Part 1 HI 

Part II to Part VIII of the Report ... -^ 149 

Part I& Conclusions . 161 

Minute of Dissent by Sir K. G. Gupta - ... 164 

Minute of Dissent by Sir Umcr Hyat Khan 167 

Recommendations of the Chemical Services Committee 169 

Sir P. C. Roy's Note of Dissent ... ... 172 

The Reformed Budget Rearrangrment of Budget Heads for 

Imperial and Provincial Finance ... 177 

Provincial Council Rules. 

Rules for the Madras Legislative Council ... ... 185 

Schedule I List of Constituencies 194 

Schedule II Qualifications of Electors ... ... 195 

Rules for the Bombay Legislative Council ... 201 

Schedule I List of Constituencies ... 204 

Schedule II- Qualification for Electors ... 206 

Rules for the Bengal Legislative Council ... 211 

Schedule I List of Constituencies ... 213 

Schedule II Qualification of Electors ... 216 

Rules for the U. P. Legislative Council 220 

Schedule I List of Constituencies , 221 

Schedule II Qualification for Elector* ... . 223 



( vii ) 

PAGE 

Rules for the Punjab Legislative Council ... ... 227 

Schedule I List of Constituencies ... 228 

Schedule II Qualification of Electors ... 230 

Rules for the Behar arid Orissa Legislative Council ... 236 

Schedule I List of Constituencies ... ... 237 

Schedule II Qualification of Electors ... ... 239 

Rules for the C. P. Legislative Council ... ... 245 

Schedule I List of Constituencies ... ... 21f> 

Schedule II Qualification of Electors ... 24S 

Rules for the Assam Legislative Council * 253 

Schedule I List of Constituencies . ... 264 

Schedule II Qualification of Electors ... 250 



The Royal Proclamation 

On The Reforms Act 1919 

GEORGE, THE FIFTH by the Grace of God of 
the United Kingdom of Great Britain and Ireland and 
of the Dominions beyond the seas, King, Defender of 
the Faith, Emperor of India. 

TO MY VICEROY AND GOVERNOR-GENERAL, 
TO THE PRINCES OF INDIAN STATES AND 
TO ALL MY SUBJECTS IN INDIA OF WHATSOEVER 

RACE OR CREED, 
GREETING - 

1. Another epoch has been reached to-day in the Council of 
India. I have given my Royal Assent to an Act which will take 
its place among the great historic measures passed hy the Parliament 
of this Realm for the Government of India and the greater content- 
ment of her people. The Act of seventeen hundred and seventy- 
three and seventeen hundred arid eighty-four were designed to 
establish a regular system of administration and justice under 
the Honourable East India Company. The Act of eighteen hundred 
and thirty three opened fche door for Indians lo public office and 
employment. The Act of eighteen hundred and fifty-eight 
transterred the administration from the Company to the Crown 
and laid the foundations of public life which exist in India to-day. 
The Act of eighteen hundred and sixty-one sowed the seed of 
representative institutions and the seed was quickened into life by 
the Act of nineteen hundred and nine. The Act which has now 
become law entrusts elected representatives of the people with a 
definite share in Government and points the way to full representa- 
tive Government hereafter. If, as I confidently hope, the policy 
which the act inaugurates should achieve its purpose, the results 
will be momentous in the story of human progress ; and it is timely 
and fitting that 1 should invite you to-day to consider the past 
and to join me in my hopes of the future. 

2. Ever since the welfare of India was confided to us, it 
has been held as a sacred trust by our Royal House and Line. In 



ii THE ROYAL PROCLAMATION 

eighteen hundred and fifty-eight, QUEEN VICTORIA of revered 
memory solemnly declared herself bound to her Indian subjects 
by the same obligations of duty as to all her other subjects ; and 
she assured them religious freedom and the equal and impartial 
protection of law. In his message to the Indian people in nineteen 
hundred and three my dear father KING EDWARD the Seventh 
announced his determination to maintain unimpaired the same 
principles of humane and equitable administration. Again, in his 
proclamation of nineteen hundred and eight, he renewed the 
assurances which had been given fifty years before and surveyed 
the progress which they had inspired. On my accession to the throne 
iu nineteen hundred and ten, I sent a message to the Princes and 
peoples of India asknowledging their loyalty and homage and promis- 
ing that the prosperity and happiness of India should always be to 
me of the highest interest and concern. In the following year I 
visited India with the Queen Empress and testified my sympathy 
for her people and my desire for their well-being. 

3. While these are the sentiments of affection and devotion 
by which I and my predecessors have been animated, the Parliament 
and the People of this Realm and my officer;, in India have been 
equally zealous for the moral and material advancement of India. 
We have endeavoured to give to her people the many blessings 
which Providence has bestowed upon ourselves. But there is one 
gift which yet remains and without which the progress of a country 
cannot be consummated : the right of hor people to direct her 
affairs and to safeguard her interests. The defence of India 
against foreign aggression is a duty of common Imperial interest 
and prido. The contiol of her domestic concerns is a burden which 
India may legitimately aspire to taking upon her own shoulders. 
The burden is too heavy to be borne in full until time and ex- 
perience have brought the necessary strength ; but opportunity 
will now bo given for experience to grow and for responsiblity to 
increase with the capacity for its fulfilment. 

4. I have watched with understanding and sympathy the 
growing desire of my Indian people for representative institutions. 
Starting from small beginning this ambition has steadily strength- 
ened its hold upon the intelligence of the country. It has pur- 
sued its course along constitutional channels with sincerity and cour 
age. It has survived the discredit which at times and in places law- 
less men sought to cast upon it by acts of violence committed under 
the guise of patriotism. It has been stirred to more vigorous life 
by the ideals for which the British Commonwealth fought in the 
Great War, and it claims support in the part which India has taken 



ON INDIAN REFORMS iif 

in our common struggles, anxieties and victories. In truth the 
desire after political responsibility has its source at the roots of the 
British connection with India. It has sprung inevitably from the 
deeper and wider studies of human thought and history, which 
that connection has opened to the Indian people. Without it 
the work of the British in India would have been incomplete. 
It was therefore with a wise judgment that the beginning of 
representative institutions were laid many years ago. This scope 
has been extended stage by stage until there now lies before us a 
definite step on the road to responsible Government. 

5. With the same sympathy and with redoubled interest I shall 
watch the progress along this road. The path will not be easy 
and in marching towards the goal there will be need of perseverance 
and of mutual forbearance between all sections and races of my 
people in India. I am confident that those high qualities will be 
forthcoming. I rely on the new popular assemblies to interpret 
wisely the wishes of those whom they represent and not to forget 
the interests of the masses who cannot yet be admitted to the 
franchise. I rely on the Leaders of the people, the ministers ' 
of the future, to face responsibility and endure to sacrifice much 
for the common interest of the State, remembering that true 
partiotism transcends party and communal boundaries ; and while 
retaining the confidence of the legislatures, to co-operate with my 
oificers for the common good in sinking unessential differences 
and in maintaining the essential standards of a just and generous 
Government. Equally do I rely on my officers to respect their 
new colleagues and to work with them in harmony and kindliness ; 
to assist the people and their representatives in an orderly advanoo 
towards free institutions : and to find in these new tasks a fresh 
opportunity to fulfil as in tho past their highest purpose of faithful 
service to my people, 

6. It is my earnest desire at this time that so far possible 
any trace ot bitterness between n$ people and those who are res- 
ponsible for my Government should be obliterated. Let those who 
in their eagerness for political progress have broken the law in tho 
past respect it in future. Let it become possible for those who 
are charged with the maintenance of peaceful and orderly Gcvern- 
ment to forget extravagances they have have had to curb. A new 
era is opening. Let it begin with a common determination among 
my people and my officers to work together for a common purpose. 
Therefore I direct my Viceroy to exercise in my name and on my 
behalf my Royal Clemency to political offenders in the fullest 
measure" which in his judgment is compatible with public safety. 



iv THE jROVAL PROCLAMATION 

I desire him to extend it on this condition to persons who for 
offences against the State or under any special or emergency legisla- 
tion aie suftoring from imprisonment or restrictions upon their 
liberty. I trust that this leniency will be justified by the future 
conduct of those whom it benefits and that all my subjects will so 
demean themselves as to render it unnecessary to enforce the laws 
for such offences hereafter. 

7. Simultaneously with the new constitution in British India, 
1 havo gladly assented to the establishment of a Chamber of 
Princes. I trust that its counsels may be fruitful of lasting good 
to the Princes arid States themselves, may advance the interests 
which are common to their territories and British India, and may 
be to the advantage of the Empire as a whole. I take the occasion 
again to assure the Princes of India of my determination ever to 
maintain unimpaired their privileges, rights and dignities. 

8. It is my intention to send my dear son, the Prince of 
Wales, to India by next winter to inaugurate on my behalf the 
new Chamber of Princes and the new constitution in British fndia. 
May he find mutual goodwill and confidence prevailing among those 
on whom will rest the future service of the country, so that success 
may crown their labours and progress and enlightenment attend 
their administration. And with all my people I pray to Almighty 
God that by His wisdom and under His guidance India may be led 
to greater prosperity and contentment and may grow to the fullness 
of political freedom. 

])cc<smbcr tke Twenty- third, Kinetecn-hundrcd and Nineteen. 



Royal Instruction 

To Provincial Governors 

The following are the terms of the instruction issued 
under the Royal Sign Manual to the Governor or Acting 
Governor for the time being of each Governor of a 
Province, 

December V3W GKORGK, R. I. 

" Whereas by the Government of India Act provision has been 
made for the gradual development of Self-Governing institutions in 
British India with a view to the progressive realisation of responsible 
Government in that country as an integral part of our Empire, 

" And Whereas it is our will arid pleasure that in the execution of 

the office of Governor in and over the Presidency of 

you shall further the purposes of the said Act to the end that the 
institutions and methods of Government therein provided shall be 
laid upon the best and surest foundations, that the people of the said 
Presidency shall acquire such habits of political action and respect 
such conventions as will best and soonest fit them for self-Govern- 
ment, and that our authority of our Governor-General-in-Council 
shall be duly maintained 

" Now, therefore, we do hereby direct and enjoin you and declare 
our will and pleasure to be as follows : 

1. You shall do all that lies in your power to maintain the 
standards of good administration, to encourage religious toleration, 
co-operation and good-will among all classes and creeds, to ensure 
the provity of public finance and the solvency of the Presidency 
Province and to promote all measures making for the moral, social 
and industrial welfare of the people and tending to fit all classes of 
the population, without distinction, to take their due share in the 
public life and Government of the country. 

2. You shall bear in mind that it is necessary and expedient 
that those now and beieafter to be enfranchised shall appreciate the 
duties, responbibilitieb and advantages which spring from the privi- 



vi ROYAL INSTRUCTION 

lege of enfranchisement, that- is to say, that those who exercise the 
power henceforward entrusted (o them of returning representatives 
to the Legislative Council being enabled to perceive the effect of 
their choice of a representative, and that those who are returned to 
the Council being enabled to perceive the effect of their votes given 
therein, shall come to look for the redress of their grievances and the 
improvement of their condition to the working of representative 
institutions. 

3. In as much as certain matters have been reserved for the ad- 
ministration according to law of the Governor-in-Couneil, in respect of 
which the authority of pur Governor-General-in-Council shall remain 
unimpaired, while certain other matters have been transferred to the 
administration of the Governor acting with a Minister, it will be for 
you so to regulate the business of the Government of the Presidency 
Province, so far as possible, that the responsibility for each of these 
respective classes of matters may be kept clear and distinct. Never- 
theless, you shall encourage the habit of joint deliberation between 
yourself, your Councillors and your Ministers, in order that the 
experience of your official advisers may be at tho disposal of your 
Ministers and that the knowledge of your Ministers as to the wishes 
of the people may be at the disposal of your Councillors. 

4. You shall assist the Ministers by all the means in your 
power in the administration of the transferred subjects and advise 
them in regard to their relations with the Legislative Council. 

5. In considering a Minister's advice and deciding \vhether or 
riot there is sufficient cause in any case to dissent from his opinion, 
you shall have due regard to his relations with the Legislative 
Council and to the wishes of the people of the Presidency Province 
as expressed by their representatives therein. 

6. But, in addition to the general responsibilities with which 
you are, whether by statute or under this instrument, charged, we do 
further hereby specially require and charge you. 

(1) To see that whatsoever measures are, in your opinion, 

necessary for maintaining safety and tranquillity in all 
parts of your Presidency Province and for preventing 
occasions of religious or racial conflict, are duly taken and 
that all orders issued by our Secretary of State or by our 
Governor-General-in-Council on our behalf to whatever 
mattors relating are duly complied with. 

(2) To take care that due provision shall bo made for the 

advancement and social welfare of those classes amongst 
the people committed to your charge, who, whether on 



fO PROVINCIAL GOVERNORS vii 

account of the smallness of their number, or their lack of 
educational or material advantages, or from any other 
cause, specially rely upon our protection and cannot as 
yet fully rely for their welfare upon joint political action, 
and that such classed shall not suffer or have cause to 
fear neglect or oppression. 

(3) To see that no order of your Government and no Act of 

your Legislative Council shall be so formed that any of 
the diverse interests of, or arising from, race, religion, 
education, social condition, wealth or any other circums- 
tances may receive unfair advantage, or may unfairly be 
deprived of privileges or advantages which they have 
heretofore enjoyed, or be excluded from the enjoyment 
of benefits which may hereafter bo conferred on the 
people at large. 

(4) To safegaurd all members of our services employed in 

the said Presidency Provinces in the legitimate exercise 
of their functions and in the enjoyment of all recognised 
rights and privileges, and to see that your Government 
order all things justly and reasonably in their regard 
and that due obedience is paid to all just and reasonable 
orders, and diligence shown in their execution. 

(H) To take care that while the people inhabiting the said 
Presidency shall enjoy all facilities for the province, in 
the development of oommorical and industrial under- 
taking : no monopoly or special privilege, which is 
against the commercial interest, shall be established, 
and no unfair discrimination shall be made in matters 
affecting commercial or industrial interests, 

7. And \vo do hereby charge you to communicate these our 
instructions to the members of your Executive Council and your 
Ministers and to publish the same in your Presidency in such 
mariner as you may think fit. 



Secretary of State's Powers 

The powers of superintendence, direction and control vested in the 
Secretary of State and the Secretary of State in Council under the Act or 
otherwise shall, in relation to the transferred subjects, be exercised only for 
the following purposes, namely- 

(1) to safeguard the administration of central subjects ; 

(2) to decide questions arising between two provinces in 
cases where the provinces concerned fail to arrive at an 
agreement ; 

(3) to safeguard imperial subjects ; 

(4) to determine the position of the Government of India in 
respect to questions arising between the Indian and other 
parts of the British Empire ; and 

(6) to safeguard the due exercise and performance of any 
powers and duties possessed by or imposed on the Secre-. 
tary of State or the Secretary of State-in-Council under 
or in connection with or for the purposes of the following 
provisions of the Act, namely, Section 29 A, Section 
30 (A) part 7- A, or of any rules made by or with the 
sanction of the Secretary of State in Council. 



Royal Instruction 

To the Governor-General of India 

The following revised Instrument of Instructions to H. E. 
the Governor General of India was issued under the Royal 
Sign Manual. These instructions were given to H. E. the 
Governor-General at Buckingham Palace on the 15th of 
March 1921. 

"Whereas by the Government of India Act it is enacted that 
the Governor General of India is appointed by Warrant under Our 
Royal Sign Manual and we have by Warrant constituted and appoint- 
ed a Governor General to exercise the said Office subject to such 
instructions and directions as Our Governor-General for the time 
being shall from time to time receive or have received under Our 
Royal Sign Manual or uuder the hand of one of Our Principal 
Secretaries of State 

"And Whereas certain instructions wore issued under Our 
Royal Sign Manual to our said Governor- General bearing the date of 
the, nineteenth day of November 1918 and whereas by the coming 
into operation of the Government of India Act of 1919, it has 
become necessary to revoke the instructions and to make further 
and other provisions in their stead 

"Now, therefore, we do, by those our instructions, under Our 
Royal Sign Manual, hereby revoke the aforesaid instructions and 
declare Our pleasure to be as follows : 

(l) Our Governor-General for the time being (hereinafter called 
our said Governor-General) shall, with all due solemnity, cause Our 
Warrant under Our Royal Sign Manual appointing him to be read 
and published in the presence of the Chief Justice for the time 
being or in his absence of the senior Judge of one of the High Courts 
established in British^ India arid of so many of the Members of the 
Executive Council of Our said Governor-General as may convenient- 
ly be assembled, Our said Governor-General shall take the Oath of 
Allegiance and the Oath for the due execution of the office of our 
Governor-General of India and for the due and impartial adminis- 
tration of Justice in the forms hereto appended, which Oaths the 



x ROYAL INSTRUCTION 

said Chiof Justice for the time being or in his absence the Senior 
Justice of our said High Courts shall, and he is hereby required to, 
tender and administer unto him. 

(2) And we do authorise and require our said Governor- 
General, from time to time by himself or by any other person to be 
authorised by him in that behalf, to administer to every persons 
who shall be appointed by Us by Warrant under Our Royal Sign 
Manual to be a Governor of one of Our Presidencies Of Provinces 
in India and to every person who shall be appointed to be a Lieu- 
tenant Governor or a Chief Commissioner, tho Oaths and Allegiance 
of Office in the said forms, and we do authorise and require Our said 
Governor-General, from time to time by himself or by any other 
person to be authorised by him in that behalf, to administer to every 
person who shall be appointed by Us by Warrant under Our Royal 
Sign Manual or by the Secretary of State in the Council of India 
to be a Member of the Governor-General's Executive Council or a 
Member of a Governor's Executive Council, and to every person who 
shall be appointed to be a Member of a Lieutenant Governor's 
Executive Council and to every person whom any of our said 
Governors shall appoint to be a minister, the Oaths and Allegiance 
of office in the said forms together with the Oath of secrecy 
hereto appended. 

(3) And, We do further direct that every person who under 
these instructions, shall bo required to take an Oath may make an 
Affirmation in place of the Oath, if ho lias any objection to taking 
an Oath. 

(4) And, We do hereby authorise and empower our said Gover- 
nor General in Our name and on Our behalf to grant, to any offen- 
ders convicted in the exorcise of its Criminal Jurisdiction by any 
Court of Justice within Our said territories, a pardon either free or 
subject to such lawful conditions as to him may seem fit. 

(5) And, in as much as tho policy of Our Parliament is set forth 
in the preamble to the said Government of India Act of 1919, we 
do horeby require Our said Governor-General to be vigilant that that 
policy is constantly furthered alike by his Government and as well 
by the Governments of all Our Presidencies and Provinces. 

(6) In particular, it is Our will and pleasure that the powers 
of superintendence, direction and control over the said local Govern- 
ment vested in Our said Governor-General and in our Governor 
General in Council shall, unless grave reason to the contrary appears, 
be exercised with a view to furthering the policy of the Local 
Governments of all Our Governors' Provinces when such policy findi 



TO THE GOVERNOR-GENERAL OF INDIA xi 

favour with a majority of the members of the Legislative Council 
oj the Province. 

(7) Similarly, it is Our will and pleasure that Our said Gover- 
nor General shall use all endeavour, consistent with the fulfilment of 
his responsibilities to Us and to Our Parliament, for the welfare of 
Our Indian subjects, that the administration of the matters committed 
to the direct charge of Our Governor-General in Council may be 
conducted in harmony with the wishes of Our said subjects as express- 
ed by their representatives in the Indian Legislature so far as the 
same shall appear to him to be just and reasonable. 

(8) For, above all things, it is Our will and pleasure that the 
plans laid by our Parliament for the progressive realisation of Res- 
ponsible Government in British India as an integral part of Our 
Empire may come to fruition to the end that British India may 
attain its due place among Our Dominions. Therefore, we now 
charge our said Governor General, by the means aforesaid and by 
all other means which may to him seem fit, to guide the course of 
Our subjects in India whose governance We have committed to his 
charge, so that, subject on the one hand always to the determination 
of Our Parliament arid on the other hand to the co-operation of 
those on whom new opportunities of service have been conferred, 
progress towards such realisation may ever advance to the benefit 
of all Our subjects in India. 

And, We do hereby charge our said Governor-General to com- 
municate these our instructions to the Members of His Executive 
Council and to publish the same in such manner as he may 
think fit." 



The 

Government of IndiaAct 1919 
9 & 10 Geo/5, Ch. 101. 

ARRANGEMENT OF SECTIONS. 
PAET I. 

LOCAL GOVERNMENTS. 
SECTION. 

1. Classification of central and provincial subjects. 

2. Borrowing powers of local governments. 

3. Revised system of local government in certain provinces. 

4. Appointment of Ministers and Council Secretaries. 

5. Qualification of members of local Executive councils. 

G. Business of Governor in council and Governor with Ministers. 

7. Composition of Governors' Legislative councils. 

8. Sessions and duration of Governors' Legislative councils. 
0. ^Presidents of Governors' Legislative councils. 

10. '"Powers of local Legislatures. 

1 1. Business and procedure in governors' legislative councils. 

12. "Return and reservation of Bills. 

13. Provision for case of failure to pass legislation in Governors' 

Legislative councils. 

14. Vacation of seats in local Legislative councils. 

15. Constitution of new provinces, etc. ; and provision as to 

backward tracts. 

16. Saving. 

PART II. 
GOVERNMENT OF INDIA. 

17. Indian legislature. 

18. Council of State. 

19. Legislative Assembly. 

20. President of Legislative Assembly. 

21. Puration and sessions of Legislative Assembly and Council 

of State. 

22. Membership of both Chambers. 

23. Supplementary provisions as to composition of Legislative 

Assembly and Council of State. 



2 GOVERNMENT OF INDIA ACT 191$ 

SECTION, 

24. Business and proceedings in Indian legislature. 

25. Indian budget 

26. Provision for case of failure to pass legislation. 

27. Supplemental provisions as to powers of Indian Legislature. 

28. Composition of Governor- General's Executive council. 

29. Appointment of Council Secretaries. 

'30. Payment of salary of Secretary of State, etc., out of moneys 
provided by Parliament. 

PART III. 

SKCRKTARy OF STATE IN COUNCIL. 

31. Council of India. 

32. Further provisions as to Council of India. 

33. Relaxation of control of Secretary of State. 

34. Correspondence between Secrotaiy of State and India. 

35. High Commissioner for India. 

PART IV. 
THE CIVIL SERVICES IN INDIA. 

36. The Civil Services in India. 

37. Appointments to the Indian Civil Service. 
3S. Public Service Commission. 

39. Financial control. 

40. Rules under Part IV. 

PART V. 

STATUTORY CoMMission. 

41. Statutory commission. 

PART VI. 
GENERAL. 

42. Modification of S. 124 of Principal Act. 

43. Signification of Royal Assent. 

44. Power to make rules, 

45. Amendments of Principal Act to carry Act into effect, etc. 

46. Definition of official. 

47. Short title, commencement, interpretation and transitory 

provisions, 



The 

Government of India Act 1919 

AN ACT TO MAKE FURTHER PROVISION WITH RESPECT 
TO THE GOVERNMENT OF INDIA. 

PREAMBLE 

WHEREAS it is tho declared policy of Parliament to provide for 
the increasing association of Indians in every branch of Indian 
administration, and for the gradual development of self-governing 
institutions, with a view to the progressive realisation of responsible 
government in British India as an integral part of tho Empire ; 

And whereas progress in giving effect to this policy can only 
be achieved by successive stages, and it is expedient that substan- 
tial stops in this direction should now bo taken ; 

And whereas the time and manner of each advance can be 
determined only by Parliament, upon whom responsibility lies for 
the welfare and advancement of the Indian peoples : 

And whereas the action of Parliament in such matters must be 
guided by the co-operation received from those on whom new 
opportunities of service will be conferred, and by the extent to 
which it is found that confidence can be reposed in their sense of 
responsibility : 

And whereas concurrently with the gradual development of 
self-governing institutions in the Provinces of India it is expedient 
to give to those Provinces in provincial matters tho largest measure 
of independence of tho Government of India which is compatible 
with tho duo discharge by the latter of its own responsibilities : 

Be it therefore enacted by the King's Most Excellent Majesty 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows : 

PAETI 

LOCAL GOVERNMENTS* 

Sec. 1. (J) Provision may be made by rules under the Govern- 
ment of India Act, 1915, as amended by 

* ft?? A f llldia ("-"9 

Act, 1916 (which Act, as so amended, is 
in' this Act referred to as "the Principal Act") 



4 GOVE11NMENT OF INDIA ACT 1019 

a. For the classification of subjects, in relation to the functions 

of government, as central and provincial subjects, for the 
purpose of distinguishing the functions of local govern- 
ments and local legislatures from the functions of the 
Governor-General in Council and the Indian legislature ; 

b. For the devolution of authority in respect of provincial 

subjects to local governments, and for the allocation of 
revenues or other moneys to those governments ; 

c\ For the use under the authority of the Governor-General 
in Council of the agency of local governments in relation 
to central subjects, in so far as such agency may be found 
convenient, and for determining the financial conditions 
of such agency ; and 

d. For the transfer from among the provincial subjects of 
subjects ( in this Act referred to as " transferred subjects.") 
to the administration of the Governor acting with Ministers 
appointed under this Act, and for the allocation of reve- 
nues or moneys for the purpose of such administration* 

(J) Without prejudice to the generality of the foregoing 
powers, rules made lor the above-mentioned purposes may 

i. Eegulate the extent and conditions of such devolution, 
allocation, and transfer ; 

ii. Provide for fixing the contributions payable by local govern- 
ments to the Governor-General in Council, and making 
such contributions a first charge on allocated revenues 
or moneys ; 

Hi. Provide for constituting a finance department in any 
province, and regulating the functions of that department ; 

it'. Provides ior regulating thf3 exercise of the authority vested 
in the local government of a province o\er members of 
the public services tlfcrein ;' 

i'. Provide for the settlement of doubts arising as to whether 
any matter does or does not relate to a pro\incial subject 
or a transferred subject and for the treatment of matters 
which affect both a transferred subject and a subject which 
is not transferred ; and 

vi. make such consequential and supplemental provisions as 
appear necessary or expedient : 

Provided that, without prejudice to any general power of 
revoking or altering rules under the Principal Act, the rules shall 
not authorise the ro vocation or suspension of the transfer of any 
subject except with the sanction of the Secretary of State in 
Council, 



GOVllliNMtiNT OF INDIA ACT JOlO & 

(u) The powers of superintendence, direction, and control over 
local governments vested in the Governor-General in Council under 
the Principal Act shall, in relation to transferred subjects, bo ex- 
ercised only for such purposes as may bo specified in rules made 
under that Act, but the Governor-General in Council shall be the 
sole judge as to whether the purpose of the exercise of such powers 
in any particular case comes within the purposes so specified, 

(Ji) The expressions "central subjects" and "provincial subjects" 
as used in this Act mean subjects so classified under the rules. 

Provincial subjects, other than transferred subjects, are in this 
Act referred to as "reserved subjects." 

Sec, 2 (/) The provision in sub-section (l) of section thirty of 
the Principal Act, which gives power to 
local governments to raise money on real or 
personal estate within the limits of their 
respective governments by vay of mortgage or otherwise, shall have 
effect as though that provision conferred a power on local govern- 
ments to raise money on the security of their allocated revenues, and 
to make proper assurances for that purpose. 

(;') Provision may be made by rules under the Principal Act as 
to the conditions under which the power to raise loans on the 
security of allocated revenues shall be exercised. 

(J) The provision in sub-section (/) of section thirty of the 
Principal Act, which enables the Secretary of State in Council with 
the concurrence of a majority of votes at a meeting of the Council 
of India to prescribe provisions or conditions limiting the power to 
raise money, shall cease to have effect as regards the power to raise 
money on the security of allocated revenues. 

Sec. 3 (J) The presidencies of Fort William in Bengal, Fort 

Revised system cf local St. George, and Bombay, and the provinces 

government m certain known JKS the United Provinces, the 

prev.nccs Pui'jab, Bihar and Orissa, the Central 

Provinces, and Assam, shall each be governed, in relation to reserved 

subjects, by a Governor in council, and in relation to transferred 

subjects (save as otherwise provided by this Act), by the Governor 

acting with Ministers appointed under this Act. 

The said presidencies and provinces are in this Act referred to 
as "Governor's provinces" and the two first-named presidencies are 
in this Act referred to as the presidencies of Bengal and Madras. 

(#) The provisions of sections forty-six to fifty-one of the 
Principal Act, as amended by this Act, shall apply to the United 
Proviees, the Punjab, Bihar and Orissa, the Central Provinces, auci 



6 GOVERNMENT OF IN 1)1 A ACT JOlO 

Assam, as they apply to the presidencies of Bengal, Madras, and 
Bombay : Provided that the Governors of the said provinces shall be 
appointed after consultation with the Governor General. 

Sec. 4 (l) The Governor of a Governor's province may, by 
notification, appoint Ministers, not being 
JS^er S of his Executive council or other 
officials, to administer transferred subjects^ 
and any Ministers so appointed shall hold office during his pleasure. 

There may be paid to any Minister so appointed in any province 
the same salary as is payable to a member of the Executive council 
in that province, unless a smaller salary is provided by vote of the 
legislative council of the province. 

(#) No Minister shall hold office for a longer period than six 
months, unless he is or becomes an elected member of the local 
legislature. 

(3) In relation to transferred subjects, the Governor sljall be 
guided by the advice of his Ministers, unless he sees sufficient 
cause to dissent from their opinion, in which case he may require 
action to be taken otherwise than in accordance with that advice : 
Provided that rules may be made under the Principal Act for the 
temporary administration of a transferred subject where, in cases 
of emergency, owing to a vacancy, there is no Minister in charge 
of the subject, by such authority and in such manner as may be 
prescribed by the rules. 

(4) The Governor of a Governor's province may at his discretion 
appoint from among the n on- official members of the local legislature 
Council Secretaries who shall hold office during his pleasure, and 
discharge such duties in assisting members of the Executive council 
and Ministers, as ho may assign to them. 

There shall be paid to Council Secretaries so appointed such 
salary as may be provided by vote of the legislative council. 

A Council Secretary shall cease to hold office if he ceases for 
more than six months to be a member of the legislative council. 

Sec. 5. (l) The provision. in section forty-seven of the Principal 
Act, that two of the members of the 
Ex *utive council of the Governor of a 
province must have been for afc least 
twelve years -in the service of the Crown in India, shall have effect 
as though '' one" wore substituted for " two," and the provision in 
that section that the Commander-in-Chief of his Majesty's Forces 
iu India, if resident at Calcutta, Madras, or Bombay, shall, during 



GOVERNMENT OF INDIA ACT 1919 7 

his continuance there, bo a member of the Governor's council, shall 
cease to have effect. 

(#) Provision may be made by rules under the Principal Act 
as to the qualifications to be required in respect of members of the 
Executive council of the Governor of a province in any case where 
such provision is riot made by section forty-seven of the Principal 
Act as amended by this section. 

Sec. 6. (]) All orders and other proceedings of the government 
. of a Governor's province shall be expressed to 

<?. be r^ tbe ovornmoiit of the p rovi " ce > 

Ministers. M ( t shall be authenticated as the Governor 

may by rule direct, so, howovpr, that 
provision shall be made by rule for distinguishing orders and other 
proceedings relating to transferred subjects from other orders arid 
proceedings. 

Orders and proceedings authenticated as aforesaid shall not be 
called into question in any legal proceeding on the ground that they 
were not duly made by the government of the province. 

(2) The Governor may make rules and orders for the more 
convenient transaction of business in his Executive council and with 
his Ministers, and every order made or act done in accordance with 
those rules arid orders shall be treated as being the order or the act 
of the government of the province. 

The Governor may also make rules and orders for regulating the 
relations between his Executive council and his Ministers for the 
purpose of the transaction of the business of the local government : 

Provided that any rules or order made for the purposes 
specified in this section which are repugnant to the provisions of 
any rules made under the Principal Act as amended by this Act 
shall, to the extent of that repugnancy, but not otherwise, be void. 

Sec. 7. (/) There shall be a Legislative council in every Govcr- 

~ , ~ , nor's province, which shall consist of the 

uSlSSve SnST * mbers of the Executive council and of the 

members nominated or elected as provided 

by this Act. 

The Governor shall not be a member of the Legislative council, 
but shall have the right of addressing the council, and may for that 
purpose require the attendance of its members. 

(2) The number of members of the Governors' Legislative 
councils shall be in accordance with the table set out in the First 
Schedule to this Act ; and of the members of each Council not more 



ft GOVERNMENT OF INDIA ACT 1919 

than twenty per cent, shall be official members, and at least 
seventy per cent, shall be elected members : 
Provided that 

a. Subject to the maintenance of the above proportions, rules 

under the Principal Act may provide for increasing the 
number of members of any council, as specified in that 
schedule ; and 

b. the Governor may, for the purposes of any Bill introduced 

or proposed to be introduced in his Legislative council, 
nominate, in the case of Assam one person, and in the 
case of other provinces not more than two persons,having 
special knowledge or experience of the subject-matter of 
the Bill, arid those persons shall, in relation to the Bill, 
have for the period for which they are nominated all the 
rights of members of the Council, and shall be in addition 
to the numbers above referred to ; and 
members nominated to the Legislative council of the Central 
Provinces by the Governor as the result of elections held 
in the Assigned Districts of Berar shall be deemed to be 
elected members of the Legislative council of the Central 
Provinces. 

The powers of a Governor's Legislative council may be 
exercised notwithstanding any vacancy in the council. 

(4) Subject as aforesaid, provision may be made by rules under 
the principal Act as to 

a. the term of office of nominated members of Governors' 
Legislative councils, and the manner of filling casual 
vacancies occurring by reason of absence of members from 
India, inability to attend to duty, death, acceptance of 
office, resignation duly accepted, or otherwise ; and 

I. the conditions under which and manner in which persons 
may be nominated as members of Governors' Legislative 
councils ; arid 

c. the qualification of electors, the constitution of constitu- 

encies, and the method of election for Governors' 
Legislative councils, including the number of members 
to be elected by communal and other electorates, and 
any matters incidental or ancillary thereto ; and 

d. the qualifications for being and for being nominated or 

elected a member of any such Council ; and 

e. the final decision of doubts or disputes as to the validity 

of any election ; and 
/. the manner in which the rules are to be carried into effect : 



GOVERNMENT OF INDIA ACT 1919 9 

Provided that rules as to any such matters as aforesaid may 
provide for delegating to the local government such power as may 
be specified in the rules of making subsidiary regulations affecting 
the same matters. 

(5) Subject to any such rules any person who is a Kuler or 
subject of any State in India may be nominated as a member of a 
Governor's Legislative council. 

Sessions and duration of, Sec. 8. (l) Every Governor's Legislative 
Governors' legislative council shall continue for three years from 
councils. itg first meeting : 

Provided that 

a. the Council may be sooner dissolved by the Governor ; and 

b. the said period may be extended by the Governor for a 
period not. exceeding one year, by notification in the official gazette 
of the province, if in special circumstances (to be specified in the 
notification) he so thinks fit ; and 

c. after the dissolution of the Council the Governor shall 
appoint a date not more than six months or, with the sanction of 
the Secretary of State, not more than nine months from the date 
of dissolution for the next session of the Council. 

(2) A Governor may appoint such times and places for holding 
the sessions of his Legislative council as he thinks fit, and may also, 
by notification or otherwise, prorogue the Council. 

(,9) Any meeting of a Governor's Legislative council may be 
adjourned by the person presiding. 

(4) All questions in a Governor's Legislative council shall be 
determined by a majority of votes of the members present other than 
the person presiding, who shall, however, have and exercise a casting 
vote in the case of an equality of votes. 

Sec. 9. (l) There shall be a President of a Governor's Legislative 

Presidents of Governors' council who shall, until the expiration of 

Legislative councils. a period of four years from the first 

meeting of the Council as constituted 

under this Act, be a person appointed by the Governor, and shall 
thereafter be a member of the Council elected by the Council and 
approved by the Governor : 

Provided that if at the expiration of such period of four years 
the council is in session, the president then in office shall continue in 
office until the end of the current session, and the first election of a 
President shall take place at the commencement of the next ensuing 
session. 



10 GOVERNMENT OF INDIA ACT 1919 

(2) There shall be a Deputy-President of a Governor's Legislative 
council who shall preside at meetings of the council in the absence 
of the President, and who shall be a member of the Council elected 
by the Council and approved by the Governor. 

(3) The appointed President of a Council shall hold office until 
the date of the first election of a President by the Council under this 
section, but he may resign office by writing under his hand addressed 
to the Governor, or may be removed from oifice by order of the 
Governor, and any vacancy occurring before the expiration of the 
term of office of an appointed President shall be filled by a similar 
appointment for the remainder of such term. 

(4) An elected President and a Deputy-President shall cease to 
hold office on ceasing to be mombcis of the council. They may resign 
office by writing under their hands addressed to the Governor, and 
may be removed from office by a vote of the Council with the 
concurrence of the Governor. 

() The President and the Deputy-President shall receive^ such 
salaries as may be determined, in the case of an appointed President, 
by the Governor, and in the case of an elected President or Deputy- 
President, by an Act of the local legislature. 

Sec. 10. (l) The local Legislature of any province has power, 

Powers of local legislatures. sul f c j to , the Provisions of this Act, to 

make laws for the peace and good govern- 
ment of the territories for the time being constituting that province. 

(2) The local Legislature of any province may, subject to the 
provisions of the sub-section next following, repeal or alter, as to that 
province, any law made either before or after the commencement of 
this Act by any authority in British India other than that local 
Legislature. 

(3) The local Legislature of any province may not, without the 
piovious sanction of the Governor-General, make or take into consi- 
deration any law 

a. imposing or authorising the imposition of any new tax 
unless the tax is a tax scheduled as exempted from this 
provision by rules made under the Principal Act ; or 

J. affecting the public debt of India, or the customs duties, or 
any other tax or duty for the time being in force and 
imposed by the authority of the Governor General in 
Council for the general purposes of the government, of 
India, provided that the imposition or alteration of a 
tax scheduled as aforesaid shall not be deemed to affect 
any such tax or duty ; or 



GOVERNMENT OF INDIA ACT 1019 11 

c. affecting the discipline or maintenance of any part of His 

Majesty's naval, military, or air forces ; or 
d t affecting the relations of the government with foreign 

Princes or States ; or 
e. regulating any Central subject ; or 

/. regulating any provincial subject which has been declared 
by rules under the Principal Act to be, either in whole 
or in part, subject to legislation by the Indian legislature, 
in respect of any matter to which such declaration 
applies ; or 

y. affecting any power expressly reserved to the Governor- 
General in Council by any law for the time being in force : 
or 

h. altering or repealing the provisions of any law which, having 
been made before the commencement of this Act by any 
authority in British India other than that local Legislature, 
is declared by rules under the Principal Act to be a law 
which cannot be repealed or altered by the local Legisla- 
ture without previous sanction ; or 

i. altering or repealing any provision of an Act of the Indian 
Legislature made after the commencement of this Act, 
which by the provisions of that Act may not be repealed 
or altered by the local Legislature, without -previous 
sanction : 

Provided that an Act or a provision of an Act made by a local 
Legislature, arid subsequently assented to by the Governor-General 
in pursuance of this Act, shall not bo deemed invalid by reason only 
of its requiring the previous sanction of the Governor-General under 
this Act. 

(4) The local Legislature of any province has not power to make 
any law affecting any Act of Parliament. 

Sec. 11. (J) Sub-sections (1) and (3) of section eighty of the 

Business and procedure in principal Act which relate to the classes 

Governors' Legislative of business which may be transacted at 

councils. meetings of local Legislative councils, shall 

cease to apply to a Governor's Legislative council, but the business and 

procedure in any such Council shall be regulated in accordance with 

the provisions of this section. 

(2) The estimated annual expenditure and revenue of the provin- 
ce shall be laid in the from of a statement before the Council in each 
year, and the proposals of the local government for the appropriation 
of provincial revenues and other moneys in any year shll bo submitted 



12 GOVERNMENT OF INDIA ACT 1919 

to the vote of the Council in the form of demands for grants. The 
Council may assent, or refuse its assent, to a demand, or may reduce 
the amount therein referred to either by a reduction of the whole 
grants or by the omission or reduction of any of the items of expen- 
diture of which the grant is composed : 
Provided that 

a. the local government shall have power, in relation to any 

such demand, to act as if it had been assented to, 
notwithstanding the withholding of such assent or 
the reduction of the amount therein referred to, 
if the demand relates to a reserved subject, and 
the governor certifies that the expenditure provi- 
ded for by the demand is essential to the discharge of 
his responsibility for the subject ; and 

b. the Governor shall have power in cases of emergency to 

authorise such expenditure as may bo in his opinion 
necessary for the safety or tranquillity of the province, 
or for the carrying on of any department : and * 

c. no proposal for the appropriation of any such revenues 

or other moneys for any purpose shall be mado except 
on the recommendation of the Governoi, communicated 
to the council. 

(3) Nothing in the foregoing sub-section shall require proposals 
to be submitted to the Council relating to the following heads of 
expenditure ; 

(i) contributions payable by the local government to the 

Governor-General in Council ; and 
(ii) interest and sinking fund charges on loans ; and 
(iii) expenditure of which the amount is prescribed by or 

under any law ; and 
(iv) salaries and pensions of persons appointed by or with 

the approval of His Majesty or by the Secretary of State 

in Council ; and 

d. salaries of judges of the High Court of the province and 

of the Advocate-General. 

If any question arises whether any proposed appropriation of moneys 
does or does not relate to the above heads of expenditure, the 
decision of the Governor shall be final. 

(4) Where any Bill has been introduced or is proposed to be 
introduced, or any amendment to a Bill is moved or proposed to be 
moved, tho governor may certify that the Bill or any clause of it 
or the amendment affects the safety or tranquillity of his province 
or any part of it or of another province, and may direct that no 



GOVERNMENT Of INDIA ACT 1019 13 

proceedings or no further proceedings shall bo taken by the council 
in relation to the Bill, clause or amendment, and effect shall be 
given to any such direction. 

(5) Provision may be made by rules under the Principal Act 
for the purpose of carrying into effect the foregoing provisions of this 
section and for regulating the course of business in the Council, and 
as to the persons to preside over meetings thereof in the absence of 
the President and Deputy-President, and the preservation of order 
at meetings ; and the rules may provide for the number of members 
required to constitute a quorum, and for prohibiting or regulating 
the asking" of questions on and the discussion of any subject 
specified in the rules. 

(6) Standing orders may be made providing for the conduct of 
business and tho procedure to be followed in the council, in so far 
as these matters are not provided for by rules made under tho 
Principal Act. The first standing orders shall be made by the 
Governor in Council, but may, subject to the assent of the Governor 
be altered by the local Legislatures. Any standing order made as 
aforesaid which is repugnant to the provisions of any rules made 
under the Principal Act, shall to the extent of that repugnancy but 
not otherwise, be void. 

(7) Subject to the rules and standing orders affecting the 
Council, there shall be freedom of speech in the Governors' Legislative 
Councils. No person shall be liable to any proceedings in any court 
by reason of his speech or vote in any such Council or by reason of 
anything contained in any official report of the proceedings of any 
such Council. 

Sec. 1 2. (l) Where a Bill has been passed by a local Legislative 

Return and reservation of em \ the Governor, Lieutenant-Governor 

Bills. or Chief Commissioner may instead of 

declaring that he assents to or withholds 

his assent from tho Bill, return tho Bill to the Council for recon- 
sideration, either in whole or in part, together any amendments 
which he may recommend, or, in cases prescribed by rules under the 
Principal Act may, and if the rules so require shall, reserve the Bill 
for tho consideration of the Governoi -General. 

(#) Whore a Bill is reserved for tho consideration of the 
Governor-General the following provisions shall apply: 

a. The Governor, Lieutenant-Governor or Chief Commissioner 
may, at any time within six months from tho date of tho 
reservation of the Bill with the consent of the Governor- 
General, return the Bill for further consideration by the 



14 GOVERNMENT OF INDIA ACT JO id 

Council with a recommendation that the Council shall 
consider amendments thereto : 

b. After any Bill so returned has been further considered l>y 

the Council, together with any recommendations made 
by the governor, Lieutenant-Governor or Chief Commissio- 
ner relating thereto, the Bill, if re-affirmed with or 
without amendment, may bo again presented to the 
Governor, Lieutenant-Governor, or Chief Commissioner : 

c. Any Bill reserved for the consideration of the Governor- 

General shall, if assented to by the Governor-General 
within a period of six months from the date of such 
reservation, become law on due publication of such 
assent, in the same a way as a Bill assented to by the 
Governor, Lieutonant-Governor or Chief Commissioner 
but, if not assented toby the Governor-General within such 
period of six months, shall lapse and be of no effect 
unless before the expiration of that period either 
(i) the Bill has been returned by the Governor, Lieutenant- 
Governor or Chief Commissioner, for furthei consideration 
by the council ; or 

(if) in the case of the Council not being in session, a notification 
has been published of an intention so to return the Bill 
at the commencement of the next session. 

(3) The Governor-General may (except whore the Bill has been 
reserved for his consideration), instead of assenting to or with- 
holding his assent from any Act passed by a local legislature, declare, 
that he reserves the Act for the signification of His Majesty's 
pleasure thereon, and in such case the Act shall riot have validity 
until His Majesty in Council has signified his assent and his assent 
has been notified by the Governor-General. 

Sec. 13. (/) Whore a Governor's Legislative Council has refused 
Provision (or case of leave to introduce, or has failed to pass in 
failure to pass Legislation a form recommended by the Governor, any 
in Governors' Legislative j$i\] relating to a reserved subject the 
Councils. Governor may certify that the passage of the 

Bill is essential for the discharge of his responsibility for the subject, 
and thereupon the Bill shall, notwithstanding that the Council have not 
consented thereto, be deemed to have passed, and 'shall, on signature 
by the Governor, become an Act of the local legislature in the form 
of tho Bill as originally introduced or proposed to be introduced in 
the Council or (as the case may bo) in the form recommended to the 
Council by the Governor, 



GOVERNMENT OF INDIA ACJ 1919 IS 

(2) Every such Act shall be expressed to be made by the 
Governor, and the Governor shall forthwith send an authentic copy 
thereof to the Governor- General who shall reserve the Act for the 
signification of His Majesty's pleasure, and upon the signification of 
such assent by His Majesty in Council, and the notification thereof by 
the Governor-General, the Act shall have the same force arid effect as 
an Act passed by tho local Legislature and duly assented to: 

Provided that where, in tho opinion of the Governor-General a 
.state of emergency exists which justifies such action, ho may, 
'instead of reserving such Act, signify his assent thereto, and 
thereupon the Act shall have such foice and affect as aforesaid, 
subject however to disallowance by His Majesty in Council. 

(3) An Act made under this section shall, as soon as practicable 
after being made, bo laid before each House of Parliament, and an 
Act which is roqnirod to bo presented for His Majesty's assent shall 
not be so presented until copies thereof have been laid before each 
House- of Parliament for not less than eight days on which that 
House has sat. 

Sec. 14. An official shall not be qualified for election as a mem- 

w . .,t ber of a local Legislative Council, and if any 

Vacation of seats in local & - i i r i i T i * 

Legislative Councils. non-ofhcial member of a local Legislative 
Council, whether elected or nominated, 

accepts any office in the service of tho Crown in India, his seat on 
the council shall become vacant: 

Provided that for the purposes of this provision a Minister shall 
not be deemed to bo an oflicia 1 , and a person shall not bo doemed to 
accept office on appointment as a Minister. 

Sec. 15. (7) The Governor General in council may, after obtain- 
Constitution of new pro- ing an expression of opinion irom tho local 
vinces, etc , and provision government and the local legislature 
as to backward tracts. affected by notification, with the sanction 
of His Majesty previously signified by the Secretary of State in 
Council, constitute a new Governor's province, or place part ot a 
Governor's province under the administration of a Deputy-Governor 
to be appointed by the Governor-General, and may in any such 
case apply, with such modifications as appear necessary or desirable, 
all or any of tho provisions of the Principal Act or this Act relating 
to Governor's provinces, or provinces under a Lieutenant-governor or 
Chief-commissioner, to any such new province or part of a province. 

(2) The Governor-General in Council may declare any territory 
in British India to be "a backward tract," and may, by notification, 
with such sanction as aforesaid, direct that tho. Principal Act and 



16 GOVERNMENT OF INblA ACT 1919 

this Act shall apply to that territory subject to such exceptions 
and modifications, as may be prescribed in the notification. Where 
the Governor-General in Council has, by notification, directed as 
aforesaid, he may, by the same or subsequent notification, direct 
that any Act of the Indian Legislature shall not apply to the territory 
in question or any part thereof, or shall apply to the territory or any 
part thereof, subject to such exceptions or modifications as the 
Governor- General thinks fit, or may authorise tho Governor in 
council to give similar directions as respects any Act of tho local 
legislature. 

Sec. 16. (l) The validity of any order made or action taken 

g av - after the commencement of this Acfc by the 

Governor-General in Council or by a local 

government which would have been within tho powers of the 
Governor-General in Council or of such local Government if this Act 
had not been passed, shall not be open to question in any local 
proceedings on the ground that by reason of any provision of this 
Act or of any rule made by virtue of any such provision, such" order 
or action has ceased to be within the powers of the Governor- 
General in Council or of the government concerned. 

(2) Nothing in this Act, or in any rule made thereunder, shall 
be construed as diminishing in any respect the powers of the Indian 
Legislature as laid down in section sixty-five of tho Principal Act, 
and the validity of any Act of the Indian Legislature or any local 
Legislature shall not be open to question in any legal proceedings dn 
the ground that the Acfc affects a provincial subject or a central 
subject as the case may bo, and the validity of any Act made by 
the Governor of a province shall not be so open to question on the 
ground that it does not relate to a reserved subject. 

(3) The validity of any order made or action taken by a 
Governor in Council, or by a Governor acting with his Ministers, 
shall not be open to question in any legal proceedings on the ground 
that such order or action relates or does not relate to transferred 
subject, or relates to a transferred subject of which the Minister is 
not in charge. 

PART II. 

GOVERNMENT OF INDIA. 

Sec. 1 7. Subject to the provisions of this Act, the Indian 
Id* L ffislature legislature shall consist of the Govemor- 

General and two Chambers, namely the 
Council of State and the Legislative Assembly. 



GOVERNMENT OF INDIA ACT 1919 17 

Except as otherwise provided by or under this Act a Bill shall 
not be deemed to have been passed by the Indian Legislature unless 
it has been agreed to by both Chambers, either without amendment 
or with such amendments only as may be agreed to by both 
Chambers. 

Sec 18. (l) The Council of State shall consist of not more 

Council of State. fcnan s * xty mem ^ ers nominated or elected 

in accordance with rules made under the 

Principal Act, of whom not more than twenty shall be official 
members. 

(2) The Governor-General shall have power to appoint, from 
among the members of the Council of State, a President and other 
persons to preside in such circumstances as he may direct. 

(3) The Governor-General shall have the right of addressing 
the Council of State, and may for that purpose require the atten- 
dance of its members. 

Sec 19. (/) The Legislative Assembly shall consist of members 
Legislative Assembly. nominated or elected in accordance with 
rules made under the Principal Act. 

(2) The total number of members of the Legislative Assembly 
shall bo one hundred and forty. The number of non-elected 
members shall be forty, of whom twenty-six shall be official members. 
The number of elected members shall be one hundred : 

Provided that rules made under the Principal Act may provide 
for increasing the numbers of the Legislative Assembly as fixed by 
this section, and may vary the proportion which the claies of 
members bear one to another, so however, that at least five-sevenths 
of the Legislative Assembly shall be non-official members. 

(3) The Governor-General shall have the right of addressing 
the Legislative Assembly, and may for that purpose require the 
attendance of its members. 

Sec. 20. (l) There shall be a president of the Legislative 
w ... Assembly, who shall, until the expiration 

81 of four years from t . he first meetin there ' 
of, be a person appointed by the Governor- 
General and shall thereafter be a member of the Assembly elected 
by the Assembly and approved by the Governor-General : 

Provided that, if at the expiration of such period of four years 
the Assembly is in session, the President then in office shall continue 
in office until the end of the current session, and the first election 

3 



18 GOVERNMENT OF INDIA ACT 1919 

of a President shall take place at the commencement of the ensuing 

session. 

(#) There shall be a Deputy-President of the Legislative 
Assembly, who shall preside at meetings of the Assembly in the 
absence of the President, and who shall l;e a member of the 
Assembly elected by the Assembly and approved by the Governor- 
General. 

(3) The appointed President shall hold office until the date of 
the election of a President under this section, but he may resign his 
office by writing under his hand addressed to the Governor-General 
or may bo removed from office by order of the Governor-General 
and any vacancy occurring before the expiration of his term of office 
shall be filled by a similar appointment for the remainder of such 
term. 

(4) An elected President and a Deputy- President shall cease to 
hold office if they ceaso to be members of the Assembly. They may 
resign office by writing under their hands addressed to the Qpvernor- 
Gonoral and may bo removed from office by a vote of the Assembly 
with tho concurrence of the Governor-General, 

(5) A President and Deputy-President shall receive such 
salaries as may bo determined, in tho case of an appointed President 
by the Governor-General, and in tho caso of an elected president and 
a Deputy-President by Act of tho Indian Legislature. 

Duration and sessions of Sec. 21. (l) Every Council of State 

Legislative Assembly and shall continue for five years, and every 
Council of State. Legislative Assembly for three years, from 

its first meeting : 
Provided that 

. either Chamber of the Legislature may bo sooner dissolved 

by the Governor-General ; and 

I, any such period may be extended by the Governor- 
General if in special circumstances he so thinks fit ; and 
c. after the dissolution of either Chamber the Governor- 
General shall apoint a date not more than six months, or, 
with the sanction of the Secretary of State not more 
than nine months after the date of dissolution for the 
next session of that chamber. 

(2) The Governor-General may appoint such times and places 
for holding the sessions of either Chamber of the Indian Legislature 
as he thinks fit, and may also from time to time, by notification or 
otherwise, prorogue such sessions. 



GOVERNMENT OF INDIA ACT 1019 IS 

(3) Any meeting of either Chamber of the Indian Legislature 
may be adjourned by the person presiding. 

(4) All questions in either Chamber shall be determined by a 
majority of votes of members present other than the presiding 
member, who shall, however, have and exercise a casting vote in the 
case of an equality of votes. 

(5) The powers of either Chamber of the Indian Legislature 
may be exercised notwithstanding any vacancy in the Chamber. 

Sec, 22. (l) An official shall not be qualified for election as a 
.. . .. ,. . . member of either chaimber of the Indian 

Membersh^of both cham- LegislaturC) andj if any 1K) n-official 

member of either Chamber accepts office in 

the service of the Crown in India, his seat in that Chamber shall 
become vacant. 

(2) If an elected member of either Chamber of the Indian 
Legislature becomes a member of the other Chamber, his seat in 
such first mentioned Chamber shall thereupon become vacant. 

(3) If any person is elected a member of both Chambers of the 
Indian Legislature, he shall, before he takes his seat in either 
Chamber, signify in writing the Chamber of which he desires to bo 
a member, arid thereupon his seat in the other Chamber shall become 
vacant. 

(4) Every member of the Governor-General^ Executive 
Council shall be nominated as a member of one Chamber of the Indian 
Legislature, and shall have the right of attending in and addressing 
the other Chamber, but shall not bo a member of both Chambers. 

Supplimentray provisions Sec. 23. (l) Subject to tho provi- 

asto composition of Legis- sions of this Act, provisions may be made 

lativc Assembly and by rules under the Principal Act as to 
Council of State 

a. tho term of office of nominated members of tho Council of 
State and tho Legislative Assembly, and tho manner of 
filling casual vacancies occuring by reason of absence of 
members from India, inability to attend to duty, death, 
acceptance of office, or resignation duly accepted, or 
otherwise : and 

i. the conditions under which and the manner in which 
persons may be nominated as members of tho Council 
of State or the Legislative Assembly ; and 

c. the qualification of electors, the constitution of constituen- 
cies, and the methods of election for Jhe Council of State 



20 GOVERNMENT OF INDIA ACT 

and the Legislative Assembly (including the number of 
members to be elected by communal and other electorates) 
and any matters incidental or ancillary thereto ; and 

d. the qualifications for being or for being nominated or 

elected as members of the Council of State or the 
Legislative Assembly : and 

e. the final decision of doubts or. disputes as to the validity 

of an election : and 
/. the manner in which the rules arc to be carried into effect. 

(2) Subject to any such rules, any person who is a ruler or 
subject of any State in India may be nominated as a member of the 
Council of State or the Legislative Assembly. 

Sec, 24, (l) Subsections (2) and (3) of section sixty-seven of the 

Business and proceedings Principal Act (which relate to the classes 

in Indian Legislature. * business which may be transacted by 

the Indian Legislative Council) shall cease 

to have effect. 

(2) Provision may be made by rules under the principal Act for 
regulating the course of business and the preservation of order in the 
Chambers of the Indian Legislature, and as to the persons to preside 
at the meetings of the Legislative Assembly in the absence of the 
President and the Deputy-President ; aud the rules may provide for 
the number of members required to constitute a quorum, and for 
prohibiting or regulating the asking of questions on, and the disscus- 
sions of, any subject specified in the rules. 

(3} If any Bill which has been passed by one Chamber is not, 
within six months after the passage of the Bill by that Chamber, 
passed by the other Chamber either without amendments -or with 
such amendments as may be agreed to by tho two Chambers, the 
Governor-General may in his discretion refer the matter for decision 
to a joint sitting of both Chambers : Provided that standing orders 
made under this section may provide for meetings of members of 
both Chambers appointed for the purpose, in order to discuss any 
difference of opinion which has arisen between the two Chambers. 

(4) Without prejudice to the powers of the Governor-General 
under section sixty-eight of the Principal Act, tho Governor-General 
may, where a Bill has been passed by both .Chambers of the Indian 
Legislature, return tho Bill for reconsideration by either Chamber. 

(5) Eules made for the purpose of this section may contain 
such general arid supplemental provisions as appear necessary for the 
purpose of giving full effect to this section* 



GOVERNMENT OF INDIA ACT 1010 2! 

(6) Standing orders may bo made providing for the conduct of 
business and the procedure to be followed in either Chamber of the 
Indian Legislature in so far as these matters are not provided for by 
rules made under the Principal Act. The first standing orders shall 
be made by the Governor-General in Council, but may, with the 
consent of the Governor-General, bo altered by the Chamber to which 
they relate. 

Any standing order made as aforesaid which is repugnant to 
the provisions of any rules made under the Principal Act shall, to 
the extent of that repugnancy but not otherwise, be void. 

(7) Subject to the rules and standing orders affecting the 
Chamber, there shall be freedom of speech in both Chambers of the 
Indian Legislature. No person shall be liable to any proceedings in 
any court by reason of his speech or vote in either Chamber, or by 
reason of anything contained in any official report of tho proceedings 
of either Chamber. 

Sec. 25. (l) Tho estimated annual expenditure and revenue 
Indian budget * ^ Governor-General in Council shall 

be laid in the form of a statement beforo 
both Chambers of the Indian Legislature in each year. 

(2) No proposal for tho appropriation of any revenue or moneys 
for any purpose shall bo mado except on tho recommendation of the 
Governor-General. 

(<>) The proposals of the Governor-General in Council for the 
appropriation of revenue or moneys relating to tho following heads of 
expenditure shall not be submitted to tho vote of tho Legislative 
Assembly, nor shall they bo open to discussion by cither Chamber at 
the time whon the annual statement is under consideration, unless 
the Governor-General otherwise directs 

(i) interest and sinking fund charges on loans ; and 

(ii) expenditure of which tho amount is prescribed by or 

under any law ; and 

(Hi) salaries and pensions of persons appointed by or with tho 
approval of His Majesty or by the Secretary of State in 
Council ; and ^ 

(iv) salaries of Chief Commissioners and Judicial Commis- 
sioners ; and 

(v) expenditure classified by the order of the Governor-General 
in Council as 
a. ecclesiastical ; 
i. political ; 
c. defence, 



22 GOVERNMENT OF INDIA ACT 1019 

(4) If any question arises whether any proposed appropriation 
of revenue of moneys does or does* not relate to the above heads, 
the decision of the Governor-General on the question shall be final, 

() The proposals of the Governor-General in Council for the 
appropriation of revenue or moneys relating to heads of expenditure 
not specified in the above heads shall be submitted to the vote of 
Legislative assembly in the form of demands for grants. 

(6) The Legislative Assembly may assent or refuse its assent 
to any demand or may reduce the amount referred to in any demand 
by a reduction of the whole grant. 

(7) The demands as voted by the Legislative Assembly shall be 
submitted to the Governor-General in Council, who shall, if he 
declares that he is satisfied that any demand which has been refused 
by the Legislative Assembly is essential to the discharge of his 
responsibilities, act as if it had been assented to, notwithstanding 
withholding of such assent or the reduction of the amount therein 
referred to, by the Legislative Assembly. 

(#) Notwithstanding anything in this section the Governor- 
General shall have power, in cases of emergency, to authorise such 
expenditure as may in his opinion, be necessary for the safety or 
tranquillity of British India or any part thereof. 

Sec. 26. (l) Whore either Chamber of the Indian Legislature 
refuses leave to introduce or fails to pass 

Provision for case of failure - n ft form recomm0IJ dod by the Governor- 
to pass Legislation. Genoralj any Billj tho Governor-General 
may certify that the passage of the Bill is essential for the safety, 
tranquillity or interests of British India or any part thereof, and 
thereupon 

a. if the Bill has already been passed by the other Chamber, 
the Bill shall, on signature by the Governor-General, 
notwithstanding that it has not been consented to by 
both Chambers, forthwith become an Act of the Indian 
Legislature in the form of the Bill as originally introduced 
or proposed to be introduced in the Indian Legislature, 
or (as the case may be) in the form recommended by the 
Governor-General ; and 

I. if the Bill has not already been so passed, tho Bill shall be 
laid before the other Chamber, and, if consented to by 
that Chamber in the form recommended by tho Governor- 
General, shall become an Act as aforesaid on the signi- 
fication of the Governor-General's assent, or, if not so 



GOVERNMENT OF INDIA ACT 1919 23 

consented to, shall, on signature by the Governor- 
General, become an Act as aforesaid. 

(2) Every such Act shall be expressed to be made by the 
Governor-General and shall, as soon as practicable after being made, 
be laid before both Houses of Parliament, and shall not have effect 
until it has received His Majesty's assent, and shall not be present- 
ed for His Majesty's assent until copies thereof have boon laid before 
each House of Parliament for not loss than eight days on which that 
House has sat; ancl upon the signification of such assent by His 
Majesty in Council and the notification thereof by the Governor- 
General, the Act shall have the same force and effect as an Act 
passed by the Indian Legislature and duly assented to. 

Provided that, whore in the opinion of the Governor-General 
a state of emergency exists which justifies such action, the Governor- 
General may direct that any such Act shall come into operation 
forthwith, and thereupon the Act shall have such force and effect 
as aforesaid, .subject, however, to disallowance by His Majesty in 
Council. 

Sec. 27. (l) In addition to the measures referred to in sub- 
Supplemental provisions section sixty-seven of tho Principal Act, 
as to powers of Indian as requiring tho previous sanction of the 
Legislature. Governor-General, it shall not be lawful 

without such previous sanction to introduce at any meeting of either 
Chamber of tho Indian Legislature any measure. 

a. regulating any provincial subject, or any part of provincial 

subject, which has not been declared by rules under the 
Principal Act to bo subject to Legislation by the Indian 
Legislature. 

b. lopoaling or amending any Act of a local Legislature ; 

c. repealing or amending any Act or ordinance made by the 

Governor-General. 

(2) Where in either Chamber of the Indian Legislature any 
Bill has been introduced, or is proposed to be introduced, or any 
amendment to a Bill is moved, or proposed to be moved, the 
Governor-General may certify that the Bill, or any clause of it, or 
the amendment, affects the safety or tranquillity of British India, 
or any part thereof, and may direct that no proceedings, or that no 
further proceedings, shall be taken by the Chamber in relation to 
the Bill, clause, or amendment, and effect shall bo given to such 
direction. 



24 GOVERNMENT OF INDIA ACT J9J9 

Sec. 28. (l) The provision in section thirty-six of the Princi- 
pal Act, imposing a limit on the number 
f mbe r of the Govornor-General's 
Executive Council, shall cease to have 
effect. 

(2) The provision in section thirty-six of the Principal Act as 
to the qualification of members of the council shall have effect as 
though the words "at the time of their appointment'' were omitted, 
and as though after the word " Scotland" there were inserted the 
words "or a pleader of the High Court" and as though " ten years " 
were substituted for " five years." 

(3) Provision may bo made by rules under the Principal Act 
as to the qualifications to be required in respect of members of the 
Governor-General's executive council, in any case where such provi- 
sion is not made by section thirty-six of the Principal Act as 
amended by this section. 

(4) Sub-section (2) of section thirty-seven of the Principal Act 
(which provides that when arid so long as the Governor-General's 
executive council assembles in a province having a Governor ho shall 
bo an extraordinary member of the council) shall cease to havo 
effect. 

Sec. 29. (l) The Governor-General may at his discretion 
. appoint, from among the members of 

Appointment ^Council the Le ^ is]ativo Assembly, Council Secre- 
taries who shall hold office during his 

pleasure and discharge such duties in assisting the members of his 
executive council as he may assign to them. 

(2) There shall be paid to Council Secretaries so appointed such 
salary as may be provided by the Indian Legislature. 

(3) A Council Secretary shall cease to hold office if he ceases 
for more than six months to be a member of the Legislative 
Assembly. 

PART III. 
SECRETARY OF STATE IN COUNCIL. 

Sec. 30. The salary of the Secretary of State, the salaries of his 

Payment of salary of Secre- undersecretaries, and any other expenses 

tary of State, etc., out of of hie department may, notwithstanding 

moneys provided by anything in the Principal Act, instead of 

Parliament. ^j ng ^ ^ Qf the revenueg of j ndift) 

be paitl out of moneys provided by Parliament, and the salary of the 
Secretary of State shall be so paid. 



GOVERNMENT OF INDIA ACT 1919 25 

Sec. 31. The following amendments shall be made in section 

Council of India three of the Principal Act in relation 

to the composition of the Council of 

India, the qualification, term of office, and remuneration of its 
members . 

(/) The provisions of sub-section (l) shall have effect as though 
"eight" and "twelve" were substituted for "ten" and 
"fourteen " respectively as the minimum number of 
members, provided that the council as constituted at the 
time of the passing of this Act shall not be affected by 
this provision, but no fresh appointment or re-appoint- 
ment thereto shall be made in excess of the maximum 
prescribed by this provision. 

() The provisions of sub-section (3) shall have effect as if *jHie_ 
-half "were substituted for "nine" and "India" were 
suDsfituted for "British India." 

(3) In sub-section (4) "fix# ;j$As " shall be substituted for 

"seven years " as the term of office of members of the 
Council, provided that the tenure of office of any person 
who is a member of the Council at the time of 
the passing of this Act shall not be affected by this 
provision. 

(4) The provisions of sub-section (8) shall cease to have 

effect arid in lieu thereof the following provisions shall 

be inserted : 

" There shall be paid to each member of the Council of India 
the annual salary of twelve hundred pounds : provided that any 
member of the CounciP whtT'^was at the time of his appointment 
domiciled in India shall receive, in addition to the salary hereby 
provided, an annual subsistence allowance of. six hundred 
pounds. 

Such salaries and allowances may be paid out of the revenues 
of India or out of moneys provided by Parliament/' 

(5) Notwithstanding anything in any Act or rules, where 

any person in the service of the Crown in India is 

appointed a member of the Council before completion 

% of the period of such- service required to entitle him 

* to a pension or annuity, his service as such member 

shall, for the purpose of any pension or annuity which 

would be payable to him on completion of such period, 

be reckoned as service under the Crown in India whilst 

resident in India, 



26 GOVERNMENT OF INDIA ACT 1919 

Sec. 32. (l) The provision in section six of tho Principal Act 

which prescribes tho quorum for meetings 

Further provUions a* to of the Council of ]rdia shal] cease to have 

Council or India. n? , j J.-L o j. r en. j. 1.11 

effect, and the Secretary of State shall 

provide for a quorum by directions to be issued in this behalf. 

(2) The provision in section eight of the Principal Act relating 
to meetings of the Council of India shall have effect as though 
" month " were substituted for " week." 

(3) Section ton of the Principal Act shall have effect as though 
the words "all business of the Council or committees thereof to be 
transacted" were omitted and the words "the business of the Secretary 
of State in Council or the Council of India shall be transacted, and any 
order made or act done in accordance with such direct ion shall, subject 
to the provisions of this Act, be treated as being an order 
of tho Secretary of Stitte in Council" wore inserted in lieu 
thereof. 

Sec. 33, The Secietary of State in Council may, notwithstand- 
ing anything in the Principal Act, by rulo 
regulate and restrict the exercise of tho 
powers of Superintendence, direction, and 
control, vested in the Secretary of State and the Secretary of State 
in Council, by the Principal Act, or otherwise, in such manner as 
may appear necessary or expedient in order to give effect to the 
purposes of this Act. 

Before any rules are made under this section relating to 
sulgects other than JransfejTejd^dBd^ects, tho rules proposed to bo 
made shall be laid in dfaTTTJefore both Houses of Parliament, and 
such rules shall not be made unless both Houses by resolution 
approve the draft either without modification or addition, or with 
modifications or additions to which both Houses agree, but upon 
such approval being given the Secretary of State in Council may 
make such rules in the form in which they have been approved, 
and such rules on being so made shall be of full force and 
effect. 

Any rules relating to tranaferred^subjocts made under this 
section shall be laid before both Houses ol Parliament as soon as may 
be after they are made, and, if an address is presented to His 
Majesty by either House of Parliament within the next thirty days 
on which that House has sat after the rules are laid before it praying 
that the rules or any of them may be annulled, His Majesty in 
Council may annul the rules or any them, and those rules shall 
thenceforth be void, but without prejudice to the validity of 
anything previously done thereunder. 



GOVERNMENT OF*1NDIA ACT 10JO 27 

Sec. 34. So much of section five of the Principal Act as relates to 
Correspondence between orders and communications sent to India 
Secretary of State and from the United Kingdom and to orders 
India- made in the United Kingdom, and section 

eleven, twelve, thirteen arid fourteen of the Principal Act, shall 
cease to have effect, and the procedure for the sending of orders and 
communications to India and in general for correspondence between 
the Secretary of State and the Governor-General in Council or any 
local government shall be such as may be prescribed by order of the 
Secretary of State in Council. 

Sec. 35. His Majesty may by Order in Council make provision for 

the appointment of a High Commissioner 

High Commissioner for for j ndj[a in the Uriited Kingdom, and 

for the pay, pension, powers, duties, and 

conditions of employment of the High Commissioner and of his 
assistants ; and the Order further provide for delegating to the High 
Commissioner any of the powers previously exercised by the 
Secretary of State or the Secretary of State in Council whether 
under the Principal Act or otherwise in relation to making contracts, 
and may prescribe the conditions under which he shall act on behalf 
of the Governor-General in Council or any local Government, 

PART IV, 

THE CIVIL SERVICES IN INDIA. 
Sec. 36. (l) Subject to the provisions of the Principal Act 

The Civil Service in Ind.a. and ol rules made thereunder every 
person in the civil service of the Crown 

in India holds ofHce during His Majesty'* pleasure, and may bo 
employed in any manner required by a proper authority within the 
scope of his duty, but no person in that service may be dismissed 
by any authority subordinate to that by which ho was appointed, 
and the Secretary of State in Council may (except SJD for as ho may 
provide by rules to tho contrary) reinstate any person in that service 
who has been dismissed. 

If any such person appointed by the Secretary of State in 
Council thinks himself wronged by an order of an official superior 
in a Governor's province, arid on duo application made to that 
superior does not receive the redress to which he may consider 
himself entitled, he may, without prejudice to any other right of 
redress, complain to the Governor of the province in order to obtain 
justice, and Ihe Governor is hereby directed to examine such 
complaint and require such action, to be taken thereon as may appear 
to him to be just and equitable* 



28 GOVERNMENT OF INDIA ACT 1910 

(2) The Secietary of State in Council may make rules for 
regulating the classification of the civil services in India, the 
methods of their recruitment, their conditions of service, pay and 
allowances, and discipline and conduct. Such rules may, to such 
extent and in respect of such matters as may be prescribed, delegate 
the power of making rules to the Governor-General in Council or 
to local Governments, ior authorise the Indian Legislature 
or local Legislatures to make laws regulating the public 
services : 

Provided that every person appointed before the commencement 
of this Act by the Secretary of State in Council to the civil service 
of the Crown in India shall retain all his existing or accruing rights, 
or shall receive such compensation for the loss of any of them as the 
Secretary of State in Council may consider just and equitable. 

(3} The right to pensions and the scale and conditions of all 
persons in the civil service of the Crown in India appointed by 
the Secretary of State in Council shall be regulated in accordance 
with the rules in force at the time of the passing of this Act., Any 
such rules may be varied or added to by the Secretary of State in 
Council and shall have effect as so varied or added to, but any such 
variation or addition shall not adversely affect the pension of any 
member of the service appointed before the date thereof. 

Nothing in this section or in any rule thereunder shall prejudice 
1*7 -~A to \r:^ 19 the rights to which any person may, or 

o I anu o o v ici. ci. . , , , i > i .1 

may have, become entitled under the 

provisions in relation to pensions contained in the East India 
Annuity Funds Act, 1874. 

(4) For the removal of doubts it is hereby declared that all 
rules or other provisions in operation at tho time of the passing of 
this Act, whether made by tho Secretary of State in Council or by 
any other authority, relating to the civil service of the Crown in 
India, were duly made in accordance with tho powers in that 
behalf, arid are confirmed, but any such rules or provisions may 
be revoked, varied or added to by rules or laws made under 
this section. 

Sec, 37. (l) Notwithstanding anything in section ninety-seven 
A , of the Principal Act the Secretary of State 

Appointment. tothc Indian ma y make a p pointm ents to the Indian 

Civil Service of persons domiciled in India, 

in accordance with such rules as may be prescribed by the Secretary 
of State in Council with the concurrence of the majority of votes 
at a meeting of the Council of India, 



GOVERNMENT OF INDIA ACT 1919 2& 

Any rules made under this section shall not have force 
until they have been laid for thirty days before both House of 
Parliament. 

(2) The Indian Civil Service (Temporary Provisions) Act, 1915 

5 and 6 Geo 5 c 87 (which confers power during the war and 

for a period of two years thereafter to 

make appointments to the Indian Civil Service without examination), 
shall have effect as though "three years" were substituted for 
" two years." 

Sec. 38. (J) There shall be established in India a public service 
Public Service Commission, commission, consisting of not more than 

five members, of whom one shall be 

Chairman, appointed by the Secretary of State in Council. Each 
member shall hold office for five years, and may be re-appointed. 
No member shall bo removed before the expiry of his term of office, 
except by order of the Secretary of State in Council. The quali- 
fications for appointment, and the pay and pension (if any) attaching 
to the office of Chairman and member, shall be prescribed by rules 
made by the Secretary of State in Council. 

(#) The public service commissori shall discharge, in regard to 
recruitment and control of the public service in India, such 
functions as may be assigned thereto by the Secretary of State 
in Council. 

Sec. 39. (/) An Auditor-General in India shall be appointed 

Financial Control. by the Secretary of State in Council, and 

shall hold office during His Majesty's 

pleasure. The Secretary of State in Council shall, by rules, mako 
provision for his pay, powers, duties, and conditions of employment, 
or for the discharge of his duties in the case of a temporary vacancy 
or absence from duty. 

(2) Subject to any rules made by the Secretary of State in 
Council, no office may be added to or withdrawn from the public 
service, and the emoluments of no post may bo varied, except after 
consultation with such finance authority as may be designated in 
the rules, being an authority of the province or of the Government 
of India, according as the post is or is not under the control of a 
lo:al Government. 

Sec. 40. Rules made under this Part of this Act shall not bo 
Rules under Part IV. made except with the concurrence of the 
majority of votes at a meeting of the, 
Council of India. 



30 GOVERNMENT OF IN VI A AUT'ltolO 

PART V. 
STATUTORY COMMISSION. 

Sec. 41. (7) At the expiration of ten years after the passing 

c*.*. ^, r,,,:. -^ f this Act the Secretary of State, with 
statutory Lommi&sion. , , r . ,. TT . Vi T 

the concurrence of both Houses of Parlia- 
ment, shall submit for the approval of His Majesty the names of 
persons to act as a Commission for the purposes of this section. 

(#) The persons whoso names are so submitted, if approved by 
His Majesty, shall be a Commission for the purpose of inquiring into 
the working of the system of Government, the growth of education, 
and the development of representative institutions, in British India, 
and matters connected therewith, and the Commission shall report 
as to whether and to what extent it is desirable to establish the 
principle of responsible Government, or to extend, modify, or restrict 
the degree of responsible Government, then existing therein includ- 
ing the question whether the establishment of second Chambers of 
the local Legislatures is or is not desirable. * 

(#) The Commission shall also inquire into and report on any 
other matter affecting British India and the provinces, which may 
be referred to the Commission by His Majesty. 

PAET VI. 
GENERAL. 

Sec. 42. Notwithstanding anything in section one hundred and 
twenty- four of the Principal Act, if any 

Modificabon^ofs.^124 of mem b er of the Governor-General's Execu- 
tive Council or any member of any local 

Government was at the time of his appointment concerned or engaged 
in any trade or business, he may, during the term of his office, with 
the sanction in writing of the Governor-General, or in the case of 
ministers of the Governor of the province, and in any case subject 
to such general conditions and restrictions as the Governor-General 
in Council may prescribe, retain his concern or interest in that 
trade or business, but shall not, during that term, take part in the 
direction or management of that trade or business. 

Sec. 43. Any assent or disallowance by His Majesty, which 

. t D . under the Principal Act is required to be 

Signification of Koyai signified through the Secretary of State 

in Council, shall as from the passing of 
this Act be signified by His Majesty in Council. 



GOVERNMENT OF INDIA ACT 1919 31 

Sec. 44. (7) Where any matter is required to be prescribed 

Power to make rules. r regulated by rules under the Principal 

Act and no special provision is made as to 

the authority by whom the rules are to be made the rules shall be 
made by the Governor-General in Council, with the sanction of the 
Secretary of State in Council, and shall not be subject to repeal or 
alteration by the Indian Legislature or by any local Legislature. 

(2) Any rules made under this Act or under the Principal Act 
may be so framed as to make different provision for different pro- 
vinces. 

(3) Any rules to which sub-soction (1) of this section applies 
shall be laid before both Houses of Parliament as soon as may bo 
after they are made, and, if an Address is presented to His Majesty 
by either House of Parliament within the next thirty days on which 
that House has sat after the rales arc laid before it praying that the 
rules or any of them may bo annulled, His Majesty in Council may 
annul the rules or any of them, and those rules shall thenceforth 
be void, but. without prejudice to the validity of anything previously 
done thereunder : 

Provided that the Secretary of State may direct that any rules 
to which this section applies shall bo laid in draft before both Houses 
of Parliament, and in such case the rules shall not be made unless 
both Houses by resolution approve the draft either without modifi- 
cation or addition, or with modifications or additions to which both 
Houses agree, but, upon such approval being given, the rules may be 
made in the form in which they have been approved, and such rules 
on being so made shall be of full force and effect, and shall not 
require to bo further laid before Parliament. 

Sec. 45. (7) The amendments sot out in parts I and II of the 
Second Schedule to this Act, being amend- 

lE'SKS, r^ to i ncor P p OTate th , P^iBions of this 
etc Act in the Principal Act, and further 

amendments consequential on or arising 
out of those provisions, shall be made in the Principal Act, and any 
question of interpretation shall be settled by reference to the Princi- 
pal Act as so amended. The provisions of the Principal Act, speci- 
fied in Part III of that schedule, being provisions which are olsolete 
or unnecessary, or which require amendment in detail, are hereby 
repealed or modified, and shall be dealt with, in the manner shown 
in the second column of that schedule. 

(2) Every enactment and word which is directed by the Govern- 
ment of India (Amendment) Act, 1916, or by this section and the 



32 GOVERNMENT OF INDIA ACT 1919 

Second Schedule to this Act, to be substituted for or added to any 
portion of the Government of India Act, 191 5, shall form part of 
the Government of India Act, 1915, in the place assigned to it by 
the Government of India (Amendment) Act, 1916, or that schedule ; 
and the Government of India Act, 1915, and all Acts, including 
this Act, which refer thereto shall, after the commencement of this 
Act, be construed as if the said enactment or word had been enacted 
in the Government of India Act, 1915, in the place so assigned, and, 
where it is substituted for another enactment or word, had been so 
enacted in lieu of that enatmerit or word. 

A copy of the Government of India Act, 1915, with the 
amendments, whether by way of substitution, addition or omission, 
required by the Government of India (Amendment) Act, 1916, and 
by this section and the Second Schedule to this Act, shall be 
prepared and certified by the Clerk of the Parliaments, and deposited 
with the Rolls of Parliament, and His Majesty's printer shall print, 
in accordance with the copy so certified, all copies of the 
Government of India Act, 1915, which are printed after the passing 
of this Act, arid the Government of India Act, 1915, as so amended, 
may be cited as "The Government of India Act." 

Sub-section (3) of section eight of the Government of India 
(Amendment) Act, 191(5, is hereby repealed. 

Sec. 46. In this Act the expressions "official " and "non- official," 

Definition of official. where used .n relation to any person, 
mean respectively a person who is or is 
not in the civil or military service of the Crown in India : 

Provided that rules under the Principal Act may provide for 
the holders of such offices as may be specified in the rules not being 
treated for the purposes of the Principal Act or this Act, or any of 
them, as officials. 

Sec. 47. (l) This Act may be cited as the Government of 

Short title, commence- Iridia Ac 1 t 19 > a "<* <i he Principal Act, 

ment, interpretation, as amended by any Act for the time being 

and transitory in force, may be cited as the Government 

provisions. o f India Act. 

(2) This Act shall come into operation on such date or dates 
as the Governor-General in Council, with the approval of the 
Secretary of State in Council, may appoint, and different dates may 
be appointed for different provisions of this Act, and for different 
parts of India. 

On the dates appointed for the coming into operation of the 
provisions of this Act as respects any executive or Legislative 



GOVERNMENT OF INDIA ACT 1919 33 

Council all the members of the Council then in office shall go out 
of office, but may, if otherwise qualified, be reappointed, renominated 
or re-elected, as the case may be, in accordance with the provisions 
of the Principal Act as amended by this Act. 

(3) Any reference in any enactment, whether an Act of 
Parliament or made by any authority in British India, or in any 
rules, regulations, or orders made under any such enactment, or in 
any letters patent or other document, to any enactment repealed by 
the Principal Act, shall- for all purposes bo construed as references 
to the Principal Act as amended by this Act or to the corresponding 
provision thereof. 

(4) Any reference in any enactment in force in India, whether 
an Act of Parliament or made by any authority in British India, 
or in any rules, regulations, or orders made under any such enactment 
or in any letters patent or other document, to any Indian Legislative 
authority shall for all purposes be construed as reference to the 
corresponding authority constituted by the Principal Act as amended 
by this Act. 

() If any difficulty arises as to the first establishment of the 
Indian Legislature or any Legislative Council after the commence- 
ment of this Act or otherwise in first giving effect to the provisions 
of this Act, the Secretary of State in Council or the Governor- 
General in Council, as occasion may require, may by order do 
anything which appears to them necessary for the purpose of remov- 
ing the difficulty. 

SCHEDULES. 

* FIRST SCHEDULE. 

NrMBER OF MEMBERS OF LEGISLATIVE COUNCILS. 

legislative Council. Number of Members. 

Madras 118 

Bombay ....... Ill 

Bengal 125 

United Provinces ...... 118 

Punjab ....... 83 

Bihar and Orissa 98 

Central Provinces ...... 70 

Assam ...... 53 

* Section 7. 



34 SCHEDULE NO. 1 

t SECOND SCHEDULE. 
PART I. 

The provisions of this Act set out in the first column of the 
following table shall be incorporated in the principal Act in the 
manner shown in the second column of that table, subject to the 
modifications specified in the third column of that table : 

TABLE. 

- Place and Method of 



uv;i>ijiui<i ion ni the Priii- Modifications. 

A(<1> cipal Act. 

Sec. 1 . To be inserted as a now "this Act" to bo substituted for 

section (45A) afters, "the Government of India Act, 

45. 1S)15. . . "principal 

Act)," for "the principal Act," 

and for "that Act." 

Sec. 3 (1) To bo substituted for 

s. 46 (1). 

Sec. 4 . To be substituted for "this Act" to be substituted for 
s. 52. "the principal Act." 

Sec. . To be substituted for "any other rules made under this 
s. 49. Act" to be substituted for "any 

rules made under the principal 
Act as amended by this Act." 

Sec. 7,8,9 . To be inserted as new "this Act" to be substituted for 
sections (72A, 72r,, "the principal Act." 
and 72c), after s. 72. 

Sec. 10 . To be inserted as a new "this Act" to be substituted for, 
section (80A) after s. "the principal Act," "the 
NO. commencement of the Govern- 

ment of India Act, 1919," to be 
substituted for "the commence- 
ment of this Act" and "such 
first mentioned Act" to be sub- 
stituted for "that Act" in sub- 
section (3). 
f Segtiou o4 f 



GOVERNMENT INDIA ACT 101!) 35 

., . , Place and Method of 

I rovibiou 01 Iricorpora tion in thu Priii Modifications. 

Acu cipal Act. 

Sec. 11 . To be inserted as a new The following sub-section to be 
section (7 2n) afters, substituted for subsection (1) : 
72c. 

"(l) The provisions contained in 
this section shall have effect 
with respect to business and 
procedure in Governors' legi- 
slative councils." 

"this Act" to bo substituted for 
"the principal Act." 

Sec. 12 . To be inserted as a new "this Act" to bo substituted for 
section (81 A) afters, "the principal Act." 
81. 

Sec. 13 . To be inserted as a new 

section (72 K) after s. 
72o. 

Sec. 14 . To be inserted as a new The following now section to bo 
section (80B) after s. inserted at the end thereof : 
80A. 

'*80c, It shall not bo lawful for 
any member of any local 
legislative council to intro- 
duce, without tho previous 
sanction of tho Governor, 
Lieut-Governor or Chief 
Commissioner, any measure 
affecting tho public revenues 
of a province or imposing 
any charge on those 



Sec. 15 To be inserted as a new "this Act" to bo substituted for 
section (52A) after s. "the principal Act or this Act" 
52. and for the principal Act and 

this Act. . 



36 



SCHEDULE NO, 1 



Provision of 
Act. 



Place and Method of 
Incorporation in the Prin- 
cipal Act. 



Modifications. 



Sec. 16 (l) To bo inserted as a now "the Government of India Act, 



and (3). 



section (52p.) after s. 
52A. 



to be substituted for 
"this Act/' where those words 
first occur, and "that Act" to be 
substituted for "this Act," where 
those words secondly occur, and 
"that Act or this Act" to bo 
substituted for "this Act," where 
those words thirdly occur. 

Sec. 16 (2).To bo inserted as a now "Nothing in the Government of 
sub sec. (2) of s. 81. India Act, 1919, or this Act" to 
bo substituted for "Nothing in 
this Act" and "this Act" to be 
substituted elsewhere for "the 
principal Act." 

Sec. 17-23 To be inserted as new "this Act" to be substituted for 
inclusive, sections in lieu of ss. "the principal Act," 
63 and 64, and num- 
bered 63, 63 A, 63u, 
63c, 63D, 63K,aud 64. 

Sec. 24 (2).To be inserted as sub- "this Act" to bo substituted for 
section (l) of section "the principal Act." 
67 in lieu of the exist- 
ing sub-section (l) 

Sec. 2 I To bo inserted as sub- "this Act" to be substituted for 
(3)-(7). sections (3)-(7) of sec- "the principal Act. 1 ' 
tion 67 in lieu of the 
existing sub-scction(3) 

Sec. 25 andTo bo inserted as now 

26 sections (67 A and 67b) 

after s. 67. 

Sec. 29. , To be inserted as a new 
section (43A) after s, 
43, 



GOVEHNMENT OF INDIA ACT 10 10 37 



T, . c Place and Method of 
1-rovih.on of . ncorilorat . ;iou ln ..... 

Principal Act. 



. Incorporation in the Modifications. 



Sec. 33. . To bo inserted as a new "this Act" to be substituted for 

section (19A) after s. "the principal Act" and "the 

19. Government of India t Act,1919," 

to be substituted for "this Act," 

Sec. 34 . To be inserted as new For the words from the beginning 
section (11) in lieu of of the section down to and in- 
soctions 1 to 14 iuclu- eluding the words "effect and" 
sive. there shall bo substituted the 

words "Subject to the provisions 

of the act." 

Sec. 35 . To be inseited as a new "this Act" to be substituted for 
section (29 A) after s. "the principal Act." 
29. 

Sec. 3(>,3S, To be inserted as new "this Act" to be substituted for 

39, and 10 sections (96p,,96c,96D, "the principal Act," and "the 

and 96E) after section Government of India Act,1919." 

96A. constituting a to bo substituted for "this Act." 

now Part (VIlA.)after except in section 40. 
Part VII. 

Sec. 37 (1) To bo inserted as a new "this section" to bo substituted 
sub-sec. (6) of s. 97. for "section ninety-seven of the 
principal Act," and "any rules 
made under this sub-section" 
to bo substituted for "any rules 
made under this section/ 7 

Sec. 41 . To be inserted as si now "The Government of India Act, 
section (MA) after s. 1919" to be substituted for 
84, constituting a now 'this Act." 
Part (VU) after Part 
VI. 

Sec. 42 . To be inserted as a "Provided that notwithstanding 
proviso to s. 1 2 1. anything in this Act" to bo 

substituted for "Notwithstand- 
ing anything in section one 
hundred and twenty-four of the 
principal Act." 



3x SCHEDULE NO. 1 

p . . f Place and Method of 

iroviMon ot j ucor p orat i ou in the Priu- Modification*. 

Act ' cipal Act. 

Sec. 44 . To be inserted as a now "this Act" to be substituted for 
section (129A) at the ''the principal Act" and for 
beginning of Part XII. "this Act or under the principal 
Act-" 

Sec. 46 . To bo inserted as a new "in this Act" to be omitted, 

paragraph at the end and "this Act" to bo substituted 

of s. 13k for ''the Principal Act" and for 

''the principal Act or this Act." 

Sec. 47 (3) To be inserted as new "this Act" to be substituted for 
and (4) paragraph at the end "tho principal Act" and for "the 
of s. 130. principal Act as amended by 

this Act." 

First To be inserted in lieu 

Schedule, of Schedule I, 



PART II. 

The provisions of tho principal Act specified in the first column 
of this table shall bo amended in the manner shown in tho second 
column. 

Table. 

Section 

of Amendment. 

Act. 

2 In sub-section (2) "or rules made thereunder" shall be 
inserted after "this Act." 

Tho following sub-section shall be substituted for sub- 
section (3) : 

"(3) The salary of the Secretary of State shall bo paid 
out of moneys provided by Parliament, and the salaries 
of his under-socretaries and any other expenses of 
his department may be paid out of tho revenues of 
India or out of moneys provided by Parliament." 



GOVERNMENT OF INDIA ACT 1919 39 

Section 

of Amendment, 

Act. 

3(1) "eight" shall be substituted for "ten," and " twelve '< 

shall be substituted for " fourteen," and the following 

words shall be inserted at the end of the sub-section : 

" Provided that the Council as constituted at the time 

of the passing of the Government of India Act, 1919, 

shall not be affected by this provision, but no fresh 

appointment or re-appointment thereto shall be made 

in excess of tho maximum prescribed by this provision," 

3(3) "one-half shall be substituted for "nine," Mid" India" 
shall bo substituted for ''British India." 

3 (4) " five years " shall bo substituted for " seven years," and 
the following words shall bo inserted at the end of tho 
sub-section : 

" Provided that the tenure of office of any person who is 
a member of tho Council at the time of tho passing of 
the Government of India Act, 1919, shall be the same 
as though that Act had not been passed." 

3 (8) Tho following sub-sections shall be substituted for this sub- 
section : 

"(8) There shall be paid to each member of tho Council 
of India tho annual salary of twelve hundred pounds : 
Provided that any member of the Council who was at 
tho time of his appointment domiciled in India 
shall receive, in addition to the salary hereby provided, 
an annual subsistence allowance of six hundred pounds. 
Such salaries and allowances may be paid out of tho 
revenues of India or out of moneys provided by Parlia- 
ment. 

(9) Notwithstanding anything in any Act or rule, where 
any person in the service of the Crown in India is 
appointed a member of tho Council before the comple- 
tion of the period of such service required to entitle him 
to a pension or annuity, his service as such member 
shall, for the purpose of any pension or annuity which 
would have been payable to him on completion of such 
period be reckoned as service under the Crown in India 
whilst resident in india." 



40 SCHEDULE KO. 1 

Section 

of Amendment. 

Act 

5 The words of this section from an^ including the words 

"but every order " to the end of the section shall be 
omitted. 

6 For " not loss than five members are present " there shall 

be substituted " such number of members are present 
as may bo prescribed by general directions of the Sec- 
retary of State." 
8 For '* week " there shall bo substituted " month." 

10 For "all business of the Council or committees thereof 
is to bo transacted " there shall bo substituted " the 
business of the Secretary of State in Council or the 
Council of India shall be transacted, and any order 
made or act done in accordance with such direction 
shall, subject to the provisions of this Act, be treated 
as being an order of the Secretary of State in Council." 

19 The words of this section from the beginning down to 
and including " Provided that " shall be omitted. 

20(2)(eO After "under this Act " there shall bo inserted " except 
so far as is otherwise provided under this Act." 

21 At the beginning of this section there shall be inserted 
" subject to the provisions of this Act and rules made 
thereunder." 

27(9) After "revenues of India" there shall be inserted " or 
out of moneys provided by Parliament." 

29 In sub-section (1) at the beginning there shall be inserted 

the words : 

"Subject to the provisions of this Act regarding the ap- 
pointment of a High Commissioner for India." 

30 After sub-section (1) the following sub-section shall be 

inserted. 

"(!A) A local Government may on behalf and in the 
name of the Secretary of State in Council raise money 
on the security of revenues allocated to it under this 
Act, and make proper assurances for that purpose, 
and rules made under this Act may provide for the* 
conditions under which this power shall be exercisable." 



GOVERNMENT OF INDIA ACT im 41 

Section 

of Amendment. 

Act. 

In sub-section (2) " sub-section (l) of this section " shall 
be substituted for this " section." 

31 "Indian legislature" shall bo substituted for "Governor 

General in- Legislative Council." 

33 At the beginning of the section there shall bo inserted 
" Subject to the provisions of this Act and rules made 
thereunder." 

35 This section shall be omitted. 

37 "ordinary " in sub-sections (1) and (2) shall be omitted. 

In snb-section (2) for the words irom and including " five 
or " to the end of the sub-section there shall bo subs- 
tituted "such as His Majesty thinks fit to appoint." 

In sub-section (3) " at the time of their appointment " 
shall be omitted, after "Scotland" thore shall be 
inserted "or a pleader of a High Court," and "ton" 
shall be substituted for " five." 

In sub-section (-O.'for " person appointed as ordinary mem- 
ber of the council " thoro shall be substituted " member 
of the council (other than the Commandor-in-Chief for 
the time being of His Majesty's forces in India)." 
At the end of the section the following new sub-section 

shall be inserted : 

" (5) Provision may be made by rules under this Act 
as to the qualifications to be required in respect of tho 
members of the Governor-General's Executive Council 
in any case where such provision is not made by the 
foregoing provisions of this section." 

37 The following section shall be substituted for section thirty- 
seven : 

"37. If Commander-in-Chief for tho time being of His 
Majesty's forces in India is a member of the Governor- 
General's executive Council he shall, subject to tho 
provisions of this Act, have rank and precedence in the 
Council next after the Governor-General " 

39 In sub-section (2) for "one ordinary member of the 
Council " there shall be substituted " one member of 
the Council (other than the Coimnander-in-Chief)." 

6 



42 SCHEDULE NO, 1 

Section 

of Amendment. 

Act 

40 At the end of sub-section (l) there shall he inserted "and 
when so signed shall not bo called into question in any 
legal proceeding on tho ground that they were not duly 
made by the Governor-General in Council," 

42 For "ordinary member" there shall be substituted 

"member (other than the Commandcr-in-Chief)." 

45 At tho beginning of tho section there shall be inserted 
"Subject to the provisions of this Act and rules made 
thereunder/' 

40 The following sub-section shall bo substituted for sub-section 

(2) : _ 

"(-) The Governors of the said presidencies nro ^appoint- 
ed by His Majesty by warrant under the Royal sign 
Manual, and the Governors of the said provinces shall 
be so appointed after consultation with the Governor- 
Geneial." 

In subsotion (3) "tho Governors' provinces" shall bo substi- 
tuted for "those presidencies" and "province" shall be 
substituted for presidency." 

47 In sub-section (2) "One at least of them must be a person 

who at tho time of his appointment has been" shall bo sub- 
stituted for ''Two at least of them must be persons who 
at the time of their appointment have been." 
The following sub-section shall bo substituted for sub-section 
(3):- 

"(3) Provision may be made by rules under this Act as to 
the qualifications to bo required in respect of members 
of the executive Council of the Governor of a province 
in any case where such provision is not made by the 
foregoing provisions of this section." 

48 "province " shall be substituted for "presidency." 
50(2) "province " shall be substituted for "presidency." 

53(l) For the words from the beginning down to "the Punjab 
and" (inclusive) there shall be substituted "The 
province of," and the words "with or without an execu- 
tive Council" shall be omitted, 



GOVEUNMENT OF 1N1>L1 ACT 1019 13 

Section 

of Amendment . 

Act. 

57 At the end of the section there shall be inserted ''an order 

made as afore-said shall riot be called into question in any 
legal proceedings on the ground that it was not duly made 
by the Lieutenant-governor in Council " 

58 "Assam, the Central Provinces," shall bo omitted. 

65 For "Governor-General in Legislative Council " there shall 
bo substituted "Indian Legislature." 

67 "either chamber of the Indian Legislature " shall be substi- 

tuted for "the Council." 

At the end of sub-soction (2) the following shall bo 
inserted 

(i) regulating any provincial subject, or any part of a 
provincial subject, which has not been declared by 
rules under this Act to be subject to Legislation 
by the Indian Legislature ; or 

(ii) repealing or amending any Act of a local Legisla- 
ture ; or 

(Hi) repealing or amending any Act or ordinance 
made by the Governor-General. 

("2 A) Where in either chamber of the Indian Legisla- 
ture any Bill has been introduced, or is proposed 
to be introduced, or any amendment to a Bill is 
moved, or proposed to bo moved, the Governor- 
General may certify that '.the Bill, or any clause of 
it, or the amendment, affects the safety or traqui- 
lity of British India, or any part. thereof, and may 
direct that no proceedings, or that no further 
proceedings, shall bo taken by the chamber in 
relation to the Bill, clause, or amendment ; and 
effect shall be given to such direction." 

68 "Bill" shall bo substituted for "Act" and "a Bill" for "and 

Act ; " "by both chambers of the Indian Legislature" 
shall bo substituted for "at a meeting of the Indian 
Legislative Council," and "whether he was or was not 
present in Council at the passing thereof" shall be omitted. 
"A Bill passed by both chambers of the Indian Legislature 
shall not become an Act" shall be substituted for "Au 



U SCHEDULE NO. 1 

Section 

of Amendment. 

Act. 

Act of the Governor-General in Legislative Council has 
not validity." 

'in Council" shall bo inserted after "His majesty" and "to 
the Governor-General through the Secretary of State in 
Council" shall be omitted, 

09 "Indian Legislature" shall bo substituted for "Govemor- 
in Legislative Council;" "in Council;" shall be inserted 
after "His Majesty" and "through the Secretary of State 
in Council''' shall bo omitted. 

70 This section shall be omitted. 

71(2) "Indian Legislature" shall bo substituted for Governor- 
General in Legislative Council." 

72 'Indian Legislature" shall bo substituted for "Governor- 

General in Legislative Council." 

73 In sub-section (l) "a Governor or of'' shall be omitted and 

"and of members nominated or elected as hereinafter 
provided " shall be substituted fur "with the addition of 
of members nominated or elected in accordance with rules 
made under this Act." 

In sub-section (3) "as hereinafter provided" shall be sub- 
stituted for *'in accordance with rules made under this 
Act/) 

71 This section shall bo omitted. 
75 This section shall bo omitted. 

70 In sub-section (l) "section" shall be substituted for "Act" 
and the following proviso shall be substituted foi the exis- 
ting proviso: 

"Provided that the number of members so nominated or 
elected shall not, in the case of the Legislative Council 
of a Lieutenant-Governor, exceed one hundred." 
In sub-section (*J) "non-officials" shall be substituted for 
"persons not in the civil or military service of the Crown 
in India." 

In sub-section (4) "Indian Legislature or the local legis- 
lature" shall be substituted for "Governor-General in 
Legislative Council/ 3 



GOVERNMENT OF INDIA ACT 1'JlO 45 

Section 

of Amendment 

Act 

78 The following provision shall be inserted at the beginning 

of sub-section (I): 

"A Lieuteuant-Governor or a Chief Commissioner who 
has a Legislative Council may appoint such times and 
places for holding the sessions of his legislative council 
as ho thinks fit, and may also, by notification of other- 
wise, prorogue the Council, and any meeting of the 
Legislative council of a Lieutenant-Govornor or a 
Chief-Commissioner may be adjourned by the person 
presiding." 
In sub-section (2) "in accordance with rules rriade under this 

Act" shall be omitted. 

For sub-section (3) the following sub-section shall be substi- 
tuted: 

"(3) All question at a meeting of the Legislative Council 
of a Licutenant-Governor or Chief Commissioner shall 
1)0 determined by a majority of votes of the members 
present other than the Lieutenant-Governor, Chief 
Commissioner, or presiding member, who shall, 
however, have and exercise a casting vote in case of 
inequality of votes. 

(4) {Subject to rules affecting the Council, there shall be 
freedom of speech in the Legislative Councils of Lieu- 
tonant-Govornors and Chief Commissioners. No person 
shall be liable to any proceedings in any court by reason' 
of his speech or vote in those Councils or by reason of 
anything contained in any official report of the procee- 
dings of those Councils." 

79 This section shall be omitted. 

80 In sub-section (1) after "lo. al Legislative Council," there 

shall be inserted "(other than a Governor's Legislative 
Council)." 

Sub-section (2)shall be omitted. 

In sub section (3) after "local Government" there shall bo 
inserted "of a province other than a Governor's province," 
the word "Governor/ 5 where it occurs immediately before 
the word "Lieutenant-Governor," shall be omitted, and 
"Indian Legislature" shall be substituted for "Governor- 
General in Legislative Council." 



4i> MUtibl'LE NO. J 

Section 

of Amendment. 

Act. 

At the end of the section the following new sub- section shall 

bo inserted: 

"The local Government of any province (other than a 
Governor's province) for which a local Legislative 
Council is hereafter constituded under this Act shall, 
before the first meeting of that Council, and with the 
sanction of the Governor-General in Council, make 
rules for the conduct of Legislative business in that 
Council (including rules for prescribing the mode of 
promulgation and authentication of laws passed by that 
council), 

(5) The local Legislature of any such province may, 
subject to the assent of the Lieutenant-Governor or 
Chief-Commissioner, alter the rules for the conduct of 
Legislative business in the local Council (including 
rules proscribing the mode of promulgation arid 
authentication of laws passed by the Council) but any 
alteration so made may be disallowed by the Governor 
in Council, and if so disallowed shall have no eficct." 

81 Throughout sub-sections(l) and (2) and in sub-section (3) 

where it first occurs, for "Act," there shall be substi- 
tuted "Bill" and in sub-section (I) "by" shall be substi- 
tuted for "at a meeting of." 

For "an Act" there shall be substituted "a Bill" and for 
"has no effect" there shall bo substituted "shall not 
become an Act," 

82 For "any such Act" where thoso words occur for the first 

and third times, there shall bo substituted "an Act" and 
for those words whore they occur for the scond time there 
shall l)o substituted "the Act." 

In sub-section (1) after "His Majesty" there shall be in 
"Council" and the words through the Secretary of State 
in Council shall be omitted. 

83 This section shall bo omitted. 

8-i "an Art of the Indian legislature" shall be substituted for 
"a law made by the Governor-General in Legislative 



QOTERNMEXT OF IKfllj ACT 7,9/,0 47 

Section 

of Amendment. 

Act. 

Council" and "non-official members" shall bo substituted 
for "members not holding oilico under the Crown in 
India." 

In paragraph (<) "an Act of" shall bo substituted for "a 
law made -by." 

SG In sub-sect ion('l) * 'ordinary" shall be omitted, and after the 
words "Fxeeutive. Council" where they first occur there 
shall be inserted the words "(other than the Commander- 
in-Chief)." 

87 "ordinary" shall be omit t CM I and after "Governor-General," 

whore it occurs for the second time, there shall be inserted 
"other than the Gonimender-in-chiei)." 

^0 In sub-section ( i) for "ordinary member of the Council" 
where it occurs for the second time, there shall be substi- 
tuted "member of the council (other than the Commander- 
in-Chief)." 

90 In sub-section (1) after "Governor" there shall be inserted 

"of a presidency." 

In sub-section (4-) 'ordinary' shall be omitted, and after, 
"executive council" there shall be inserted "(other than 
the Commander-in-Chief)." 

92 "a member," shall be substituted for "an ordinary member" 
and for "any ordinary member," and after "executive 
council of the Governor-General" there shall be inserted 
"(other than the Commander-in-chief)" 

In sub-section (5)() "under this Act" all all bo omitted. 

93 (1) "either chamber of the Indian legislature" shall be subs- 

tituted for "the Indian Legislative Council." 

9R iBeforo "offices" wherever that word occurs before "Officers" 
and before "promotions" where it occurs for the second 
time, there shall be inserted "military." 

97 "Section 96 A of this Act" shall be substituted for "the 
foregoing section," 

110 In sub-section (I) after "Governor or Lieutenant-Governor" 
there shall be inserted "and minister appointed under 
this Act." 



4* SCHEDULE XO. 2 

Section 

f Amendment. 

Act 

124 In sub-section (4) after "Lieutenant-Governor" where 
it secondly occurs, there shall be inserted "or being 
a minister appointed under this Act," 

131 "Indian legislature" shall be substituted for "Governor- 
General in Legislative Council." 

134(4)Tho following paragraph shall bo substituted for paragraph 

(4): 

"(4) "Local Government" means, in the case of a 
Governor's province, Governor in Council or the 
Governor acting with ministers (as the case may 
require), and, in the case of a province other than a 
Governor's province, a Lieutenant-Govornor in Council, 
Lieutenant-Governor or Chief Commissioner. 
''Local Legislative Council" includes the Legislative 
Council in any Governor's province, and any other 
Legislative Council constituted in accordance with this 
Act. 

"Local Legislature" means, in the case of a Governor's 
province, the Governor and the Legislative council of 
the province, and, in the case of any other province, the 
Lieutenant-Governor or Chief Commissioner in Legisla- 
tive council." 

135 The following section shall be substituted for section 135: 
"135. This Act may be cited as the Government of 
India Act." 

Second The following Schedule shall be substituted for the Second 
Schedule Schedule: 



SECOND SCHEDULE. 
OFFICIAL SALARIES, ETC. 
Officer. Maximum Annual Salary. 

Governor-General of India . . Two hundred, and fifty- 
six thousand rupees. 

Governor of Bengal, Madras, One hundred and twenty- 
Bombav and the United-Provinces, eight thousand rupees. 



Section 

of 
Act, 



OOVEHNMENT OF INDIA ACT 1919 



Amendment. 



48() 



Commander-in-Chief of His 
Majesty's forces in India. 

Governor of the Punjab 
Bihar and- Orissa. 

Governor of the Central 
Provinces. 

Governor of Assam 

Lieutenant-Governor 

Member of the Governor- 

Generars executive Council 

(other than the Commander- 

in-Chief). 

Member of the executive 
Council of the Governor of 
Bengal, Madras, Bombay, 
and the United Provinces. 

Member of the executive 
Council of the Governor of 
the Punjab arid Bihar and 
Orissa. 

Member of the executive 
Council of the Governor of 
the Central Provinces. 

Member of the executive 
Council of the Governor 
of Assam. 



One hundred thousand rupees. 
One hundred thousand rupees. 
Seventy- two thousand rupees. 

Sixty-six thousand rupees. 
One hundred thousand rupees. 
Kighty thousand rupees. 

Sixty "four thousand rupees. 
Sixty thousand rupees. 

Forty-eight thousand rupees. 
Forty-two thousand rupees. 



Third The following Schedule shall be substituted for the third 
Schedule Schedule* 

THIRD SCHEDULE. 
OFFICES RESERVED TO THE INDIAN CIVIL SERVICE. 

A. Offices under the Governor '-General in Council. 

1. The offices of secretary, joint Secretary, and deputy 
secretary in every department except the Army, Marine, 
Education, Foreign, Political, and Public Works Depart- 
ments: Provided that if the office of secretary or deputy 
secretary in the Legislative Department is filled from 

* Section 98. 



48(i) SCHEDULE NO, 3 

Section 

of Amendment. 

Act. 

among the members of the Indian Civil Service, then the 
office of deputy secretary or secretary 'in that department, 
as the case may be, need not be so filled. 
2. Three offices of Accountants General. 

J5. Office* in the provinces which were known in the year 1801 
a* "Regulation Province*." 

The following offices, namely : 

1. Member of the Board of Revenue. 

2. Financial Commissioner. 

3. Commissioner of Revenue. 

4. Commissioner of Customs. 

5. Opium Agent. 

fi. Secretary in every department except the Public 
Works or Marine Department. 

7. Secretary to the Board of Revenue. 

8. District or sessions judge. 

9. Additional district or sessions judge. 

10. District magistrate. 

11. Collector of Revenue or Chief Revenue officer of 
a district. 

Fifth "Indian legislature" shall be substituted in the heading 
Schedule for "Governor-General in Legislative Council." 



PART III. 
Section 

of How dealt with. 

Act. 

16 To be omitted. 

42 "and signifies his intended absence to the Council" shall be 

omitted. 

45 ( 2 )To be omitted. 
51 "and signifies his intended absence to the Council" and 

"civil" shall be omitted. 

NOTE. In parts I and II of the Second Schedule to this Act references to 
any word or expression in any provision of the principal Act or this Act apply, 
unless the contrary is stated tc that word or expression wherever the word or 
expression occurs in that provision. 



GOVERNMENT OF INDIA ACT 1M9 4S(c) 

Section 

of How dealt with, 

Act. 

54 (2)To he omitted. 

55 (l) In paragraph (b) after "illness or otherwise" there 

shall be inserted "and for supplying a vacancy until it 
is permanently filled." 

(55 In sub-section (l) (d) "airmen" shall be inserted after 

"soldiers" and "or the Air Force Act" shall be inserted 
after "the Army Act." 

In sub-section (2) (i) "the Air Force Act" shall be inserted 
after "the Army Act." 

07 "naval, or air" shall be substituted for "or naval." 
73 (2)To be omitted. 

81 In sub-section *(l) "whether he was or was not present in 

Council at the passing of the Act/' shall be omitted. 

85 The following proviso shall be inserted at the end of sub-sec- 
tion (3) : 

"Provided that nothing in this sub section shall apply to 
the allowances or other forms of profit and advantage 
which may have been sanctioned for such persons by 
the Secretary of State in council." 

87 For "subject to the foregoing provisions of this Act as to 

leave of absence" there shall be substituted "save in 
the case of absence on special duty or on leave under a 
medical certificate." 

After "council of a governor" there shall be inserted "or 
of a lieutenant-governor." 

88 To be omitted. 

89 "entitled under a conditional appointment to succeed to 

the office of Governor-General, or" and "absolutely" 
shall be omitted, and for "that office" there shall be 
substituted "the office of Governor-General." 

90 In sub-section (l) "conditional or other" shall be omitted. 

In sub-section (3) for "this Act" there shall be substituted 
"section eightynine of this Act," and "respecting the 
assumption of the office by a person conditionally appoint- 
ed to succeed thereto" shall be omitted. 



48(rf) WHEflVLE NO. 8 

Section 

of How dealt with 

Act, 

In sub-section (4) conditional or other" shall be omitted. 

91 In sub-section (l) "conditional or other" shall be omitted. 

92 In sub-section (l) "conditional or other" shall be omitted. 

In sub-section (3) "then, if any person has been condi- 
tionally appointed to succeed to his office and is on the 
spot, the place of that member shall be supplied by that 
person, and if no person conditionally appointed to suc- 
ceed to the office is on the spot" shall be omitted. 
In sub-section (4) "conditionally or" shall be omitted. 

115 At the end of sub-section (l) the following shall be inser- 
ted : 

"His Majesty may also by letters patent make si\ch pro- 
vision as may be deemed expedient for the exercise of 
the episcopal functions and ecclesiastical jurisdiction 
of the bishop during a vacancy of any of the said sees 
or the absence of the bishop thereof" 

At the end of sub-section (2) the following shall be inser- 
ted : 

"and as metropolitan shall have, enjoy, and exercise such 
ecclesiastical jurisdiction and functions as His Majesty 
may by letters patent direct. His Majesty may also 
by letters patent make such provision as may be deemed 
expedient for the exercise of such jurisdiction and 
functions during a vacancy of the See of Calcutta or 
the absence of the bishop." 

118 In sub-section (1) "and archdeacons" shall be omitted, 
and after "letters patent" there shall be inserted "and 
the archdeacons of those dioceses by their respective 
diocesan bishops." 



Financial Relations Committee 

The following is the full text of the report : 
Chapter I. Preliminary. 

As a preliminary to const i rational reforms, tho authors of the 
Montagu-Chelmsford Report urged the importance of a complete 
separation between the finances of tho Central Government in India 
and those of the various Provincial governments. To this end they 
outlined the scheme described in Chapter virr of their report. It 
abrogates the present system by which certain of the main heads of 
revenue and expenditure are divided between the central and the 
provincial exchequers ; some of these it hands over wholly to tho 
Central Government, others wholly to the provinces. Inasmuch, 
however, as by this rearrangement the Government of India will lose 
heavily the scheme proposes to compensate them, to such extent 
as may be necessary, to prevent a deficit in their own 1>udget, by 
contributions from the provinces ; and the power to levy such 
contributions is taken in section 1 (2) of the Government of India 
Act, 1919. 

2. In assessing this levy tho authors of the report met with a 
serious obstacle in the disparity which already exists between local 
Governments in the pitch of theii revenues and the scale of their 
expenditure, a disparity deep rooted in the economic position of tho 
different provinces, their revenue history and the tale of their oft- 
revised financial arrangements with the Central Government. For 
this inequality of burdens the authors of the report found no remedy 
in the several alternative methods of fixing the provincial contribu- 
tions which they examined. Their ultimate choice fell upon an 
assessment in the ratio of the gross surplus which they estimated that 
each province would enjoy under the new allocation of resources. In 
recognition of the admitted fact that this method would largely 
affirm existing inequalities, they advised that the whole question 
should be re-investigated by the statutory commission after ten years 7 
working. 

3. The Government of India, in expressing their views on tho 
scheme, pressed for an earlier treatment of the matter vide para- 
graph 61 of their despatch of the 5th Marth 1919. They described 



BO fifiPOBT OF THE 

the feeling which had been aroused against the prima facie injustice 
of the exemplar figures given in the report. They urged that any 
such settlement should be recognised as temporary and provisional, 
and that steps be taken as soon as possible to fix a standard and 

equitable scale of contributions towards which the provinces 

will be required to work by stages, as a condition of the new arrange- 
ments/' They proposed the appointment of a Committee on Finan- 
cial Eolations to advise on the subject. This recommendation was 
accepted and endorsed by the Joint Select Committee of Parliament 
which sat on the Eeform Bill. We were accordingly appointed by 
the Secretary of State, arid given the following terms of reference : 

To advise on 

(a) the contributions to be paid by the various provinces to the 
Central Government for the financial year 1921-22 ; 

(/>) the modifications to be made in the pro\inoial contribution 
thereafter with a view to their equitable distribution until there 
ceases to be an all India deficit ; 

V) the future financing of the provincial loan accounts and ; 

(d) whether the Government of Bombay should retain any 
share of the revenue derived from income-tax. 

Clause (d) of these instructions was a latter addition made at 
the instance of the Government of Bombay, and was not communi- 
cated to us until we had completed our consultations with several of 
the larger provinces. 

4. We formally opened our inquiry at Delhi on the 5th Feb 
ruary 1920. We then visited in turn Allahabad, Patna, Calcutta, 
Rangoon, Madras, Bombay and Lahore. Pressure of time compelled 
us to ask that the consideration of the cases of Assam and the Central 
Provinces should be undertaken at Calcutta and Bombay, respec- 
tively ; and we are indebted to the two Chief Commissioners for 
meeting us in this request at some inconvenience to themselves. Our 
procedure was to discuss the subjects of our inquiry in each province 
with the Member of the Executive Council who holds the financial 
portfolio, or, in provinces where there is no Council, with the Secre- 
tary in charge of the Financial Department, and with such other 
officials as those gentlemen introduced. Sir Nicholas Beatson-Bell, 
the Chief Commissioner of Assam, presented the case of his province 
in person. After taking the official evidence we.met these members 
of the Finance Committee of the provincial legislature who were 
ready to favour us with their views. We finally received such 
members of the general public or representatives of public bodies as 
offered themselves for examination. In most cases we had informal 
consultations with the Head of the Province ; and the local Govern- 
ment of Bombay as a whole accorded us two interviews. 



FINANCIAL RELATIONS UOMMtTTtiE M 

Chapter 11 the Government of India's Deficit 

5. In order to effect the desired separation of central from 
provincial finance, the Montagu-Chelmsford Report (paragraph 203) 
proposes that the central exchequer should receive the whole of the 
Income-tax and the revenue from General Stamps-; and that the 
provinces should retain the entire receipts from Land Revenue, 
Irrigation, Excise and Judicial Stamps, while they should be wholly 
responsible for the corresponding charges and for all expenditure in 
connection with famine. We read the Joint Select Committee of 
Parliament as approving this redistribution, and wo considered 
that it would be outside our duty to advise any alteration of the 
scheme in the respect unless wo found the strongest reason for a 
change. The argument addressed to us on this branch of the subject 
have related mainly to Income-tax and General Stamps. Certain 
local Governments have remonstrated against losing a share in those 
two heads, and the plea for making the whole or at least one half, 
of the income tax receipts a provincial asset was pressed with special 
earnestness in Bombay, Under our instructions wo have to report 
on the point for that presidency, but we have found it difficult 
to treat the issue as applicable to one province only. The grounds 
of the Bombay claim are common to all provinces, and more 
especially to those in which large commercial and Industrial activities 
are centred. 

6. The basic objection to the transfer of Income tax is that 
the provinces will thus be deprived of any share in a head of revenue 
which has recently shown a remarkable capacity for expansion, 
while they are left to finance their rapidly growing administrative 
needs with heads of revenue in which the increase is slow or 
problematical. How far the remarkable growth of the income-tax 
receipts in late years has been stimulated by war conditions, wo have 
not attempted to estimate ; but we are assured that large improve- 
ments are being made in the assessment staff and -in their methods, 
and that a rapid and continuous growth in the return may be 
counted upon. Several Local Governments urge that the yield 
from income-tax is the only direct contribution to their public 
revenue which is made by the industrial wealth of their province, 
and Governments i which administer great mercantile and manu- 
facturing centres like Calcutta and Bombay, claim special consider- 
ation for the heavy expenditure in which those centres involve 
them, To these arguments the Bombay Government added their 
apprehension that a time may come when a local Government may 
not be anxious to direct, or its officers zealous to enforce, the 
collection of a tax which bring no grist to the provincial mill, This 



52 



HE POUT OF THE 



last contention was put forcibly ; but we presume that the Govern- 
ment of India will not be powerless to require the fulfilment 
by a provincial Government of its obligations under the new 
constitution, and that public service will not be revised in carrying 
out public duties with which they can be charged by law. 

7. We doubt if it will be possible permanently to exclude 
Local Governments from some form of direct taxation upon the 
industrial and commercial earnings of their people ; and wo 
recognise the natural anxiety of -provinces to retain a share in a 
rapidly improving head of revenue. But, so far as the income-tax is 
concerned, we see no reasons to vary the scheme of the .Report. Wo 
accept as valid the arguments given by its authors (paragraph 203) ; 
indeed, the second of these arguments seems to us capable of 
further extension in the case of public companies with share-holders 
scattered over India and elsewhere. We advise, therefore, that 
the whole of the income-tax proceeds be credited to the Central 
Government. Their needs in the near future are likely to be quite 
as great and to develop quite as rapidly, as those of the provinces ; 
while wo do riot apprehend that the richer provinces, v such 
as Bombay, will be seriously handicapped in the administration of 
their own finances. We append, and shall allude to them hereafter, 
some figures which indicate that several of the provinces, and 
Bombay in particular, may look for reasonable elasticity in their 
revenues apart from th* income -tax an elasticity which will in 
most cases be encouraged by judicious capital outlay. 

Percentage of growth in the Last Eight Years 
(1912-13 to Budget 1920-21) 



Trounces. 



Unde the Proposed Provincial Heads. 

Land Revenue 
Orneral and other 
Stamps. Provincial 
hcudb. ' 

11-66 
32-00 
13-52 
17-13 
26-86 
33-52 
4-53 
26-30 
20-60 

20'98 



Madras 


70-24 


63-22 


Bombay 
Bengal 
United Provinces. 


102-57 
35-91 
43-70 


119-31 
69-49 
45-75 


Pan jab 
Burma 


106-78 
36-15 


73-73 
26-62 


Bihar and Orissa 


24-20 


55-29 


Central Provinces 


49-00 


48-25 


Assam 


44-26 


22-22 


All the nine 






Provinces, ... 


62-27 


69-24 



All 
Provincial 



29-06 
52-43 
22-30 
23-82 
34-88 
33-65 
11-20 
33-18 
28-00 

3<MB 



FINANCIAL hELATIUNti COMMITTEE 53 

<s. The case of General Stamps is somewhat different. We 
have approached it, in the first instance, from the point of view of 
the poorer Provinces. Some of these, it seems clear, would start 
with little or no surplus revenue, under the allocation of resources 
proposed in the report ; and this would be both a misfortune in 
itself and at variance with what we believe to be iho intention, if 
not the implied promise, of the report. No remedy suggests itself 
except some extension of the schedule of provincial heads ; doles 
and temporary assistance would be inconsistent with the whole 
policy. In this view, and also because it will greatly facilitate our 
initial distribution of the central deficit, we advise that General 
Stamps be made a provincial head throughout. The arguments in 
the report for crediting it to the Central Government have not the 
same force as in the case of income-tax. Wo are not disposed to see 
grave disadvantage in different rates of stamp duty in different 
provinces, at least on some of the transactions for which duty has 
to be paid ; and any uniformity which may bo decided to be 
essential can always be secured by central legislation. Moreover, 
in this part of the arrangements, there is still the taint of a 
divided head, for General arid Judicial Stamps are controlled by the 
same agency, and there is a good deal of miscellaneous work and 
outlay .common N to both. To make the whole of the Stamp revenue 
provincial would secure a genuine arid complete separation of 
resources ; and we trust that the reasons for this course will outweigh 
the only consideration on the other side, to wit, the extent 
to which the deficit in the all India budget will thereby be 
increased. 

( J. That, deficit- we accept, subject to certain arithmetical 
adjustments described below, as amounting in the year 1921.122 to 10 
crores, composed of the G orores previously estimated by the Govern- 
ment of India plus 4 crores for the loss of General Stamps which 
we propose. We have carefully examined the basis of this calcula- 
tion. Clearly, we have no authority to criticise 'the military and 
financial policy on which it so largely rests : and we have restricted 
ourselves to a scrutiny of the budget arrangements of the Govern 
ment of India, past and present, and of the normal growth of 
their revenue and expenditure. Factors of great uncertainty, 
the needs of India's defence, her tariff policy and the future of 
exchange among others, complicate the estimate, but we are 
satisfied that the Government of India have made reasonable 
allowance for those considerations in their forecast of the immediate 
financial future. On our tour in the provinces, it has been pressed 
upon us that the Government of India ought to meet their own 
deficit by special taxation, and a high protective tariff has 



54 IMPORT OF Tttti 

frequently been mentioned to us as an easy solution of the problem. 
On this latter question we naturally express no opinion : but we 
cannot see that the Government of India would have any justi- 
fication in imposing special taxation to make good their initial 
shortage of revenue, at a time when the shortage in question will 
be more than counterbalanced by the additional resources enjoyed 
by local Government. As we have said, therefore, we accept the 
estimate of the normal deficit for the first year of the new 
constitution. We cannot conceal from ourselves the disadvantages 
in ordinary circumstances of a system of provincial contributions 
and we anticipate that the Government of India will direct its 
financial policy towards reducing those contributions with responsible 
rapidity, and their ultimate cessation. We recognise that it would 
be imprudent on the part of the Central Government to give any 
guarantee of the precise pace of reduction ; but we think that a 
formal enunciation of the general policy would go some way to 
allay apprehensions which have been expressed to us. Such a 
policy would clearly be subject to the important reservation 
mentioned in the report, by which the Central Government* must 
remain empowered to levy special contributions, by way of temporary 
loan or otherwise, from the provinces in the event of any crisis of 
first importance. 

10. In arriving at the figure which has actually to be distri- 
buted over the Provinces we have had to make certain adjustments. 
One of these is special and local, and we may dispose of it at once 
on the clear understanding that our treatment of the matter is 
entirely subject to the approval of the Government of India. It 
relates to the incidence of the cost of the military police force in 
Burma. The Government of the province, we understand, is discus- 
sing the point with the Government of India ; and their view, as 
expressed to us, is that 68 percent of the expenditure on the force 
is incurred for further defence and ought to be deficit to the central 
power. The figures originally before us had suggested a division 
Of the cost of the force equally between the Government of India 
and Burma, but the Local Government now presses for more 
generous treatment and estimates that the share of the outlay on the 
military police which is equitably chargeable to the province is only 
1742 lakhs ngainst the 31-58 lakhs whidi had been taken in an earlier 
calculation. Subject to the assent of the Government of India, we 
have provisionally accepted this view ; and we are reducing the 
provincial expenditure accordingly, and making an equivalent addi- 
tion to the charges, and thus to the deficit, of the Central Govern- 
ment. The main adjustments that have been suggested however, 
ara concerned with the payment of pensions, At present the Central 



FINANCIAL RELATIONS COMMITTEE 55 

Government is debited with all civil pensions drawn outside India 
whether the pensioner has served in a province or in an imperial 
department, and no debit is raised against the provinces concerned. 
On the other hand, pensioners whose service has been under the 
Central Government are paid by the province in which they reside, 
which received nothing in recoupment. It has been suggested that 
pensions paid outside India ought to be debited to the provinces 
when they are paid to provincial servants arid simultaneously that 
the Government of India should relieve the provinces by paying their 
own pensioners. So 'far as the future is concerned, the propriety of 
this change is beyond question. Doubts, however, occured to us 
regarding existing payments. Exchange complications and difficul- 
ties of exact allocation interfere with precision ; while other and 
more general considerations point on the whole to the advisability 
of retaining on the books of the Central and Provincial Governments 
respectively the pensions for which they are at present responsible. 
We advise, therefore, that the readjustments of debits should take 
place only for pensions sanctioned on or after the 1st April 1921, 
and thn-t pensions drawn before that date should be allowed to 
work themselves off on the present footing ; this arrangement being 
definitely made a feature in the financial settlement. We may note 
incidentally with reference to a point raised by the Panjab, that 
provinces have no claim on any annuity fund in respect of those 
members of the Indian Civil Service from whose pay a 4 per cent- 
deduction has until recently heen made under the general rules in the 
Civil Service Regulations. There is in fact no annuity fund in such 
cases, and the deduction has simply lapsed to provincial revenues. 
The result of our recommendations in this matter is that it does not 
necessitate any immediate change in the all- India deficit ; the net 
growth of their pension liabilities in future is a relatively small 
matter for which the provinces may be left to make provision with- 
out special assistance. The last adjustment to be made is 
on account of leave allowances drawn outside India. Three 
are paid at present in the same way as pensions drawn outside 
India, in future they ought certainly to be debited to 
the provinces concerned, The normal liability on this account 
can approximately be calculated and the Secretary of State 
has given us a figure of 311,000 for the nine provinces affected 
by our enquiry. We have converted this at two shillings to tho 
rupee, distributed the liability among the provinces and subtracted 
31*10 lakhs from the Imperial charges and deficit. The latter 
thus works out to 10 crores plus 14*16 lakhs for the Burma 
Military police minus 31-10 lakhs for leave allowances; 983-06 
lakhs net. 



56 REPORT OF THE 

Chapter III. The Initial Contributions. 

11. We can now proceed to fix the ratio in which each of the 
nine provinces should contribute to this figure of 983 lakhs in the 
year 1921-22. It will clear the ground to state at the outset a 
limiting consideration by which we have felt ourselves bound. 
This is an obligation to leave each province with a reasonable 
Working surplus a surplus which we should prefer to calculate 
so far as possible, with some relation to the general financial position 
of the province and the more imminent claims upon its resources. 
From the preliminary enquiry conducted at Simla in October last, it 
'is apparent that in certain provinces no surplus at all and in others 
no adequate surplus, would have been possible without provinciali- 
sation of the revenue from General stamps and our task would thus 
in our judgement have been futile. Looked at somewhat 
differently, the limit we have imposed on ourselves is that i o 
case may a contribution be such as would force the province to 
embark on new taxation atl hoc, which to our minds would be an 
unthinkable sequel to a purely administrative rearrargement of 
abundant general resources. This limit, however, obvious as it is, 
makes it inevitable that the initial contributions should be in some 
measure arbitrary, dictated by the existing financial position of each 
province and not by any equitable standard such as its capacity to 
pay. Whatever standard ratio of contributions we might advise, 
and a subsequent chapter will narrate our proposal in that direction, 
it would have, were it to bo applied immediately, the effect of 
starting some provinces on their new career with deficit, and we 
have thus to accept some measure of transition. 

12. We have now to explain our reasons for suggesting a 
departure from the basis of initial contribution proposed in the 
Mont;gue-Chelmsford report. Wo are aware that that basis was not 
lightly adopted, and only after consideration of various alternative 
basis, population, provincial, revenue or expenditure, arid the like 
which for one reason or another were thought inapplicable to 
existing conditions. The basris of realised surplus was finally accept- 
ed partly because of the difficulty of finding a ^referable alternative, 
partly because at all events it did not add to, though it continued, 
existing disparities of contribution That it has been freely criticised 
in evidence before us as unequitable is certainly not fatal to it, for 
indeed every initial basis that can be suggested is open to some such 
sriticism, but examination has revealed some objections to it which 
weigh with us. 

13. Obviously if any inequalities of contribution exist, the 
basis chosen tends to stereotype them while by disclosing them it 



FINANCIAL RELATIONS COMMITTEE 57 

renders them more difficult to justify ; for each province is now able 
to see more clearly than under the former system its relative 
contribution to the purse of the Government of India. While actual 
deficits appear, as has been said, in some provinces, others complain 
that their apparent surplus, if rightly understood, makes a real 
deficit. The prospect of arriving at any accepted figures as a basis 
appears remote. While the figures of the Simla Conference as to ( 
normal provincial revenue are accepted with minor modifications of 
detail, the estimates. of normal expenditure in each province are 
strongly contested. How much of the expenditure held over during 
the war, arc clearly imminent if not already sanctioned and ought to 
bo included in tho calculation of normal expenditure ? Where is the 
dividing line to bo drawn between expenditure essential in the 
immediate future and expenditure foreseen as a future commitment 1 ? 
Ought a province to be penalised by an increase of its contribution 
for strict adhesion to economy during tho war while another 
province, which had increased its expenditure more freely is 
rewarded by a reduced contribution'? Is adequate allowance made 
for tho special conditions of a largely undeveloped province like 
Burma, or lor the circumstances of a recently established province 
like Behar and Orissa which claims that it has never received from 
its start resources adequate to its needs 1 No satisfactory results 
seemed likely to bo reached by our attempting to act as a court of 
appeal in contentions of this kind. Moreover the artificial and 
temporary nature of the basis cannot be overlooked. It is too much 
determined by mere accidents of budgetting in spite of attempts to 
char away abnormalities of expenditure. But even if a normal 
surplus can be agreed at tho moment, it tends to be obscured or to 
disappcai in tho budgets of succeeding years. How could a contribu- 
tion be levied in later years on the basis of a so-called normal surplus 
which did doubtless once exist and might be said to bo implied in 
the economic life of the province, but which in fact had disappeared 
to be replaced by a totally different surplus or perhaps by a deficit? 
Tho best argument for tho basis of realised surplus was that, when 
originally recommended, it did recognise existing facts, that it 
appeared to leave all the provinces collectively with improved 
finances and each individual province with a surplus, and that it 
proceeded upon tho principle of creating the minimum of financial 
disturbance in introducing the Keforms scheme. 

14* But these advantages cari be secured by another solution, 
which after careful consideration we think is less open to question. 
It must be noted that even if the original classification of sources of 
revenue in the Monfcagu-Chelmsford report is strictly adhered to, 
each one of the provinces gains something in revenue, while some 

8 



58 REPORT OF THE 

gain very substantially in consequence of the introduction of the 
Reform scheme. If our recommendation as to General Stamps is 
accepted, the net increase in the total income of all the pro\inces 
taken together works out at 1850 lakhs. These additional resources 
represent uhat the central Government loses and the provinces gain 
under the redistribution. Some parts of them the former may 
reasonably retain and latter forego, so long as contributions to the 
central Government remain necessary. Even those provinces which 
were found at the Simla Conference to be in deficit secured some 
improvement in their revenues under the original classification, 
an improvement which will of course be increased by tho 
addition of General Stamps. It has been urged upon us that 
this increased spending power will in fact be swallowed up 
by the higher cost of administration, 'by improvement of old 
services, or by inauguration of new. At this stage, however, we are 
considering merely the revenue side of the account. These future 
liabilities would have had to be faced by each province, if no 
"Reforms Scheme had come. Each province is the better able tp face 
them by reason of the additional resources it has secured. There is 
the advantage that the figures of normal revenue laid down at the 
Simla Conference, have been submitted to Local Governments, and 
with minor amendments, which we have been able to accept, arc 
agreed as arithmetically correct, We propose, subject to the 
limiting consideration referred to in paragragh II, to assess the 
initial contribution on this increase of spending power in the 
provinces. The proposal has the merit of proceeding on the lines of 
minimum disturbance of the Financial position in each province. It 
will enable us to comply with the requirements of Iravihg each 
province with a surplus, and of inaugurating the new Councils 
without the necessity of resort to fresh taxation. 

15. It is of importance to realise the nature of this transaction 
In the first place it implies no judgment on the merits of previous 
financial settlements with any province. Tho increase in revenues 
comes to the provinces as a windfall, or as :i bye-product of a 
constitutional change. It is not due as financial settlements have 
been in the past to consideration of the financial needs of individual 
provinces. It cannot properly be quoted as an admission of financial 
inequalities or as an act of tardy justice to the provinces that gain 
by it. Clearly it has come from political and not primarily from 
financial motives. It originates in the desire to secure a greater 
measure of devolution in the provinces, and in the endeavour to 
draw for this purpose a defensible line of financial partition between 
local Governments and the Government of India. While we 
consider that a windfall of this nature affords a suitable basis for 



FINANCIAL 11ELATIONX COMMITTEE 50 

initial contributions by the provinces it is not surprising to find that 
its application requires some modifications in view of individual 
circumstances. 

Secondly, on this basis the system of contribution appears 
in a less invidious light. The Central Government in the course 
of a political reconstruction gives to each of the local Govern- 
ments some, and to some local Governments a very considerable, 
increase of spending power. Finding itself in a deficit as the 
result of this re-construction, it withholds from each province 
a certain proportion of the increased resources which it is 
intended that the' province should eventually obtain. The 
Central Government does not come in as raiding the hard-won 
surplus of a province, nor ought the Central Government to 
be represented, if our proposal be accepted, as the pensioner of tho 
provinces. It can hardly be contended that a province, which has 
at all events decidedly improved its finances as a result of tho 
change, has valid ground of complaint, if it does not obtain 
immediately the full increment which it may subsequently realise. 
In the cases of the provinces that gain most, it would hardly bo 
possible for any such province to spend in the first year the whole 
of its suddenly increased resources ; and if it wore possible, it would 
be financially undesirable. We think therefore that this basis 
affords less scope for controversy arid may be accepted as both 
more logical and more equitable than the Montagu-Chelmsford 
Report. 

16. A detailed calculation (of which copies are being handed to 
the Government of India) has accordingly been made to ascertain the 
net additional revenues with which each province will bo endowed 
by the new allocation of resources. Starting on the assumption 
that our proposal about General Stamps will be adopted, we have 
worked on the figures of moral income which were accepted at the 
Simla Conference and on figures similarly accepted when we camo 
to tabulate tho expenditure which will be transferred to and from 
provinces. Wo took tho calculations with us on tour, discussed 
them with the officials of each province, and made several correction 
at their instance. The figures of increased spending power on which 
we ultimately acted may be regarded as agreed figures. Certain 
provinces urged that they are unduly favourable to our argument, 
as the great rise this year in the income-tax receipts means a 
correspondingly greater loss to local Governments when they cease 
to enjoy a share of those receipts. Provision however clearly 
demands that all our standard should be based on figures for the 
same years ; and there would be advantage in elaborating a series 
of normal statistics different from those which specifically prepared 



66 ItEl'OliT OP THE 

to assist us in our enquiry. We were also pressed to make allow- 
ances for schemes of future expenditure to which special importance 
was attached ; but to this we have been unable to accede as it 
is not our task to make budget fore-cast. 

17. Having arrived in the manner indicated at the extra 
spending power which will accrue to each province, we first consider- 
ed the possibility of secitring the All-India deficit by an even rate 
on all the provincial figures. So far-reaching, however, is the 
disparity in the financial strength of the provinces that even this 
apparently equitable arrangement would in some cases have caused 
hardship. The extreme case would bo that of a province which has 
been depending largely on doles from the central exchequer ; and 
difficulty arises wherever the provincial revenues arc so pinched 
that the new resources have had to be seriously discounted to 
provide for the normal expenditure. \Ve have therefore had to 
consider each province on its merits, relying both on the abundant 
statistical information which was placed at our disposal and on the 
insight which we gained into the general situation by our local 
consultations with the best expert opinion. Our recommendations 
may be conveniently set out in the following statement, which 
explains itself when read with the succeeding paragraphs : 

[IN LAKHS] 

Increased si 
.. i . 

Province. 



Madras 

Bombay 

Bengal 

United Provinces 

Pan jab 

Burma 

Bihar and Orissa 

Central Provinces 

Assam 

TOTAL ... 1,850 9,83 8,67 

IS. The provinces which caused us most anxiety were Burma 
and Orissa. In the former the coming improvement in its revenues 
hag been largely discounted by the heavy commitments necessary to 



Increased spending 
power under new 
distribution oi' 
revenues. 


Contributions as 
recommended by 
the Committee. 


Jnoivfised speiid 
in power left 
after contribu- 
tions are 
paid. 


... 5,76 


3,48 


2,2<s 


93 


56 


37 


... 1,<H 


63 


41 


cs 3,91 


:UO 


1,57 


... 2,8!) 


1,75 


1,14 


... 2,46 


64 


1,82 


ia... 51 


Nil. 


51 


;os 52 


22 


* 30 


42 


15 


27 



FINANCIAL RELATIONS COMMITTEE 61 

give Burma Ilie responsible administrative conveniences which it 
now lacks. The province, as wo have satisfied ourselves, is far 
bshiii'l Ludii propar in whit its Government does for the people. 
Profits flowing from the rioa control scheme, and a wise outlay of 
borrowed capital, should enable rapid progress now to be made but 
the heavy recurring expenditure which development entails will bo 
more imminent than the new income which it will yield. We aro 
convinced that a very substantial share of the surplus revenues of 
this province should be left free, and our calculations have led us 
to fix on them only about six and half per cent of the total deficit ; 
this happens, as will be seen below, to equal what we determine as 
the standard ratio of contribution. In Behar and Orissa the local 
Government is quite the poorest in India and every special skill 
will be required in developing its resources. Heavy initial expendi- 
ture lies in front of what is still a new province and here is a wholly 
abnormal want of elasticity about its revenues. We cannot advise 
that any share of the deficit should be taken from Bihar and Orissa 
in 1921-22 and wo expect that the province will bo sufficiently 
burdened by having to work up to its standard ratio of contribution 
in the same poriod as the rest of India. 

19. Th<3 two provinces which come next in difficulty are the 
Central Provinces and Assam. They have a small margin at tho 
best of times, and their need for development is groat. The former 
has a moro rapidly expanding revenue than tho latter, but on tho 
other hand, its finances are moro liable to disturbance by famine. 
On the wholo we do not fool that it would be just to ask more than 
roughly 40 per cent of their windfall in both cases, and we have 
based our recommendations accordingly. 

20. The special treatment of these four provinces loft us with 
882 lakhs to allocate among their five richer neighbours ; and this 
sum would bo secured by a fiat rate of about 60 per cent on their 
new revenues. After the most careful scrutiny of their various 
peculiarilies we sco no marker! necessity for differential treatment 
inters-). In Mi'lr.n and tin (Juit3'l Provinces tho windfall is 
so vast that it could not bo employed profitably for several years. 
On the other hand, their revenues do not promise any remarkable 
elasticity, economy has boon strictly practised, and considerable 
arrears of administrative progress are now duo. In the Panjab 
also the windfall is large and balances are full while here tho reve- 
nues move upwards with marked ease. The position is less simple 
for diverse reasons in Bombay and Bengal. Tho former has attained 
a scale of expenditure far above the Indian average and the pace of 
expansion of its revenues is distinctly higher than in any other 
province, We believe that it could without inconvenience forego 



G2 UEPOUT OF THE 

the greater part of its new resources at the outset, and help the less 
fortunate provinces from its own abundant balance. But we 
hesitate to differentiate it prejudicially from the other richer 
provinces. Bengal on the other hand has a low scale of expendi- 
ture and an inelastic revenue: and it will receive only a very 
moderate start in its new financial career. But its size, intrinsic 
wealth and general economic possibilities prevented us from treating 
it more favourably than the other provinces in this category. 

21. On a general view of the table the heavy contributions 
of Madras, the United Provinces and the Punjab doubtless call for 
comment. Between them these three provinces have to bear 35*5 
24-5 and 8 per cent respectively, of the total initial contribution 
making 78 per cent of the whole. Conversely, the light assessments 
of Bengal and Bombay contributing 6-5 and 5-5 per cent respecti- 
vely of the levy will be noticed. But the character of the transaction 
as described above must be borne in mind. If the contribution 
represented some new and additional burden extracted from the 
wealths of the provinces, objection might fairly be taken. But it 
really amounts to the requirement that Madras is called upon to 
content itself in the initial year with an improvement in its fevenue 
of 228 lakhs instead of a possible maximum of 576; United Provinces 
with an improvement of 157 lakhs instead of a possible 397 and 
the Punjab with an improvement of 111 lakhs instead of a possible 
289. The weight of the contribution by the Provinces is the best 
index to the amount of their gains, both immediate, and, as will be 
seen, eventual, under the new financial scheme. Just because 
immediately they are substantial gainers, they can best afford to 
postpone the full enjoyment of their ultimate advantages. 

22. If on the other hand it is urged that some provinces, 
Bengal and Bombay for instance, escape too lightly under this assess- 
ment, the answer is two-fold. In the first place they are light gainers 
in the new distribution of revenues, Bengal having a gross gain of 
104 lakhs and Bombay of 93. Secondly, we have not overlooked 
tho claim of certain provinces to exemption from the levy iu virt\M* 
of their indirect contributions through customs and income-tax*'to 
the Government of India. While this claim is often over-stated 
and exaggerated, we recognised that provinces with commercial 
capitals such as Calcutta and Bombay make larger contributions 
through these channels than purely agricultural provinces; and it 
will be noticed that those provinces where payment to the Govern- 
ment of India through customs and income-tax is presumably highest 
make a light contribution to the provincial levy. 



FINANCIAL RELATIONS COMMITTEE 63 

Chapter IV. The Standard Contributions. 

23. Our recommendation as to the ratio on which the Provinces 
can properly be called upon to contribute the deficit of the Govern- 
ment of India in the first year of contribution (paragraph 17 above) 
is based, as already stated, upon consideration of their present 
financial positions and of the immediate improvement which will be 
effected therein by the redistribution of revenues under the Reforms 
Scheme. This ratio is not intended in any manner to represent the 
ideal scale on which the Provinces should in equity bo called upon 
to contribute, nor is it possible that ifc should do so. In making our 
recommendation as to the initial contributions wo have had to 
consider established programmes of taxation and expenditure, and 
legislative and administrative expectations and habits, that cannot 
without serious mischief ba. suddenly adjusted to a no\\ and more 
equitable ratio of contribution widely different (as an equitable ratio 
must admittedly be) from that of the past. It is accordingly 
inevitable, if such mischief is to be avoided, that the ratio for initial 
contributions should bear little relation to that which would bo 
ideally equitable. But an initial ratio of this nature can only bo 
defended as a measure of transition. It is necessary, but it is 
necessary only in order to pive time to the Provinces to adjust tl eir 
1 Budgets to a new stats of affairs ; and we are clearly of opinion that 
no scheme of contribution can be satisfactory that does not 
provide for a -more equitable distribution of the burden of the deficit 
within a reasonable time. 

24. The ideal basis for such an equitable distribution can bo 
stated with some certainty. To do equity between the Provinces it 
is necessary that the total contribution of each to tho purse of the 
Government of India should be proportionate to its capacity to 
contribute. Unfortunately the application of this principle in 
practice presents many difficulties. 

25. The total contribution of a Province to the purso of tho 
Government of India will consist in future of its direct contribution 
towards the deficit, together with its indirect contribution (as 
at present) through the channels of customs, income-tax, duties on 
salt, etc. A valuation of the amount of this indirect contribution 
involves an exact arithmetical calculation of the proportion of the 
total sum collected under each of those heads of revenue which is 
properly attributable to each Province. For such a calculation the 
statistical information available as to the distribution of the revenue 
between the Provinces is not adequate. Under the head of customs 
the locality in which dutiable articles are consumed cannot be traced 
with sufficient accuracy j under that of income-tax, questions of 



64 HE PORT OF THti 

the utmost complexity arise as to the true local source of the income 
assessed questions which the information in the hands of th 9 
assessing officers does not enable them to answer. We have never- 
theless carried our investigation into this matter as far as available 
information permits, and by moans of an examination of the statistics 
concerning the distribution of articles which have paid customs duty, 
and of those concerning the place of collection of income-tax, 
together with a review of the more general circumstances of the 
economic life of the Provinces we have found it possible to arrive 
at an estimate of the weight which should be given in fixing the 
basis for equitable contributions by the Provinces, to their indirect 
contributions. 

26. Turning to the other circumstance which must be 
considered in fixing the ideal basis for an equitable distribution 
the capacities of the Provinces to contribute wo find practical 
difficulties no less great than in the exact arithmetical calculation 
of the quantities involved. The capacity of a province to contribute 
is its taxable capacity, which is the sum of the incomes of iU tax- 
payers, or tho average income of its tax-payers multiplied by their 
number. In this connection also the statistical information available 
does not permit of any direct valuation. Enquiries of much 
interest have been made at various times with a \ie\v to calculating 
the wealth of the respective Provinces or the average income of v 
their respective inhabitants, and the results provided much useful 
information ; but in the absence of any general assessment of 
incomes, and of any census of production, they cannot be considered 
reliable as a direct estimate of the quantities concerned. In 
tho absence of any such direct estimate, various circumstances 
have been suggested to us as capable of serving, taken separately or 
together, as an indirect measure of the relathe taxable capacities 
of tho Provinces. Amongst these may be mentioned gross population, 
urban arid rural, or industrial and agricultural population ; cultivated 
ares ; provincial revenue, or provincial expenditure ; amount of 
income-tax collected ; and, moro indirect, amount of salt or of 
foreign textile goods consumed in each Province. As measures of 
comparison all these are open to obvious criticisms, both on 
theoretical and on practical grounds. We are of opinion, however, 
that some of them are not without their value as a substitute for the 
direct information which is not available and they have indeed 
assisted us in coming to a general conclusion as to the relative taxable 
capacities of the provinces. But we are also of opinion that none 
of them is capable of serving, either alone or in conjunction with 
others, as an accurate or even an approximate arithmetical measure 
of those capacities, 



FINANCIAL DELATIONS COMMITTEE 64(a) 

27. For the reasons given, we believe it to be useless to attempt 
to state a formula, to servo as a basis for ;i standard ratio of contribu- 
tions, capable of automatic application from year to year by reference 
to ascertained statistics. Although the formula could be stated, the 
statistics which would be needed for its application are not available. 
But we are able, after surveying such figures as are available and after 
close enquiry into the circumstances of each province, to recommend 
a fixed ratio of contributions which in our opinion represents a 
standard and equitable distribution of the burden of any deficit. 
In arriving at this, ratio we have taken into consideration the 
indirect contributions of the provinces to the purse of the Govern- 
ment of India, and in particular the incidence of customs duties and 
of income-tax. We have enquired into the relative taxable capaci- 
ties of the provinces, in the light of their agricultural and industrial 
wealth and of all other relevant incidents of their economic positions 
including particularly their liability to famine. It should be observed 
that we have considered their taxable capacities not only as they are 
at the present time, or as they will bo in the immediate future but 
from the point of view also of the capacity of each province for expan- 
sion and development agriculturally and industrially, and by respect 
of imperfectly developed assets such as minerals and forests. We have 
al&o given consideration to the elasticity of the existing heads of 
revenue which will be secured to each province, and to the availability 
of its wealth for taxation. After estimating, to the best of our ability, 
the weight which should be given to each of these circumstances, we 
recommend the following fixed ratio as representing an equitable 
basis for the relative contributions of the provinces to the deficit. 

Standard Contributions 

Province. Per cent contribution 

to deficit. 

Madras ... 17 

Bombay 13 

Bengal ... ... 19 

United Provinces ... 18 

Panjab ... 9 

Burma 6'5 

Bihar and Orissa 10 

Central Provinces 5 

Assam 2*5 

100 per cent. 

28. This, in our opinion, is the ratio which the provinces 
should in equity be called upon to contribute after an interval of 
time sufficient to enable them to adjust their budgets to the new 

8(a) 



64(J) ItEPORT OF THE 

conditions. We further recommend that the interval allowed for 
adjustment should not be unduly prolonged. The initial ratio which 
we have proposed is a practical necessity, but the provinces which 
will be called upon to pay thereunder more than they should pay 
in equity, ought not to be required to bear that burden for a longer 
period or to a greater extent than is required to prevent dislocation 
of the provincial budgets. We propose, therefore, that contributions 
should be made on the standard ratio to any deficit that there may 
be in the seventh year of contribution and that the process of 
transition from the initial to the standard ratio should be continuous, 
beginning in the second year of contribution, and proceeding in six 
equal annual steps. The following table shows the initial, 
intermediate and ultimate ratio of contribution for the seven years, 
in accordance with our recommendations. The initial ratio is the 
rate per cent of the actual initial contributions recommended in 
paragraph 17 above : 

Per cent contributions to deficit in seven consecutive years 
beginning with the first year of contribution, 
(rounded oft to even halves). 

p . ^ 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 

rovince. yea ^ year ^ year year year ^ year> yean 

Madras 35-5 32-5 29-5 2t>-5 23 20 17 

Bombay 5-5 7 8 9-5 10-5 12 13 

Bengal 6-5 8-5 10*5 12-5 15 17 19 

United Provinces 24-5 23-5 22-5 21 20 19 18 

Panjab 18 16-5 15 13-5 12 10-5 9 

Burma 6-5 6-5 0-5 6-5 0-5 6-5 6-5 

Bihar and Orissa Nil. 1-5 357 8-5 10 

Central Provinces 22-5 33-5 4 4-5 5 

Assam 1-51-5 2 2 2 22-5 



100% 100% 100% 100% 100% 100% 100% 



29. It should be observed that, if the Government of India 
fulfil their announced intention of gradually wiping out their deficit, 
against any increase in the proportion which a province will be called 
upon to contribute from year to year, there will be set off a reduction 
in the total to be contributed. 

30. The scheme of contribution that we recommend above 
complies we believe with the two essential conditions, that any imme- 
diate dislocation in the provincial budgets must be avoided, and that 
the admitted inequalities of the proportions in which, in the past, the 



F1JNA1W1AL DELATIONS COMMITTEE 64(c> 

provinces have contributed to the purse of the Government of India* 
must be rectified within a reasonable time. The scheme is subject 
to the disadvantage that the ratio which we recommend is fixe^and 
cannot hold good for an indefinite period. We are of opinion How- 
ever that it will do substantial equity between the provinces until 
such a period of time has passed as may be required to effect a very 
substantial change in rh*ir relative states of economic development, a 
-change scarcely to be effected in less than at least a decade, 
Chapter V. Provincial Loan Account. 

31. The future financing of the Provincial Loan Account is 
a less controversial subject than the others that we have had to 
investigate. It is commonly agreed that it is the natural result of 
the Reforms Scheme that the provinces should for the future finance 
of their owin'loan transactions and that joint accounts of this nature 
between them and tho Government of India should be wound up as 
quickly as possible. In our discussions of this subject with the Provin- 
cial Governments wo have found little or no difference of opinion as to 
this, and our task has been only to ascertain the wishes of the Provin- 
cial Qovurmont as to the amount of its account which each can take 
over on 1st, April 1921, and how soon it can take over the rest. 

32. The Government of Bengal, the Panjab, the Central Pro- 
vinces and Assam signified to us their willingness to take over the 
whole of their respective loan accounts on 1st, April 1921 and we 
recommend that it should be arranged for them to do so. In some 
/oases it was stipulated as a condition that the provincial Government 
should be allowed to use for the purpose any part of its balance, 
including the earmarked portion. We see no objection to the con- 
dition, which accords with the intention expressed in paragraph 
208 of the Montagu-Chelmsford Report. 

33. The Government of Bombay, the United Provinces, 
Burma, Bihar and Orissa signified to us their willingness to take 
over a portion of their provincial loan accounts on 1st, April 1921 
and the remainder in instalments to cover varying periods. The 
Government of Madras alone expressed unwillingness to take over 
any part of the account. Evidence was given before us, however, 
by officials of that Government to the effect that they would not 
object to do so if the transfer could be effected by fresh credit 
arrangements. In view of this and of the great improvement which 
will be effected in the financial position of the province by the 
redistribution of revenues under the Reforms Scheme, we are of 
opinion that there is no reason why Madras should form an 
exception to the general scheme for the transfer of their accounts 
which we recommend below for application to those provinces which 
are prepared to take over a part of their accounts forthwith. 



64(<Z) EEPOET OF THE 

34. In the case of those provinces, namely, Bombay, the United 
Provinces, Burma, Bihar and Orissa, and including as stated, Madras, 
we recommend that the Provincial Loan Account should be "funded," 
at a rate of interest calculated at the weighted average of the three 
rates of three and half, four and half arid five and half per cent now 
paid on varying portions of the account. "Whatever portion of the 
account so '* funded " the province is prepared to take over forthwith 
should, we recommend, be written otf against an equal portion of thi 
provincial balance as from 1st, April 1921 ; and the balance of tho 
" funded" account should remain outstanding as a debt from the pro- 
vince to the Government of India. On the outstanding balance the 
province should pay interest at the calculated average rate, and also 
an annual charge for redemption enough to redeem the debt in a fixed 
number of years, which should not, save in exceptional circumstances, 
exceed twelve. The provinces should further have the option to make 
in any year a large repayment that the fixed redemption charge. 

35. The provinces in question will probably not be in a 
position to state the exact proportion of their respective accounts 
which they aro prepared to take over, or the exact number of year* 
that they will require to repay the balance, until their closing balance 
on 1st April 1921, are more precisely ascertained, and also until 
they know what contributions will be required from them. It 
appears therefore that these details must be left for determination 
by future negotiations. Wo are however of opinion that a maximum 
period of twelve years is ample in order to enable any province to 
clear its account and that in some cases the period may with advantage 
be substantially reduced. We further consider that the fixing of u 
definite term of lepayment and the provision of an annual charge for 
redemption within that term are essential in order to secure tho 
desired clearing accounts between the Provincial Governments and 
the Government of India. 

Conclusion. 

36. Several other matters were referred to in the course of our 
enquiry, on which a recommendation appeared to us to be outside thet 
strict scope of our reference. We propose, however, to communicate 
our views upon some of them informally to the Government of India. 

37. In conclusion we wish to express our indebtedness to our 
secretary Mr. Dina Nath Dutt, for his careful and methodical assist- 
ance in our work. We have also derived very great benefit from 
the association with us of Mr. C, G. Sim, c.r,E., whom the Govern- 
ment of India attached to us as liaison officer. 

MESTON. 

CHARLES ROBERTS. 
E. HILTON YOUNG. 



Rules Under the 

Govt. of India Act 

Council of State and Legislative 

ASSEMBLY 

Iii exercise of the powers conferred by sub-sections (l) and (5) 
of section f>7 and sub-section (l) of section 129-A of the Govern- 
ment of India Act, the Governor General in Council, with the sanction 
of the Secretary of State in Council, is pleased to make the follow- 
ing rules for the Chambers of the Indian Legislature. 

Short Title. 

1. Those rules may be called the Indian Legislative Rules. 

Definitions. 

2. In these rules, unless the context otherwise requires, 
"Assembly " means the Legislative Assembly ; 
"Chamber " means a Chamber of the Indian Legislature ; 
"Council " means the Council of State ; 

"Finance Member" means the member of the Assembly 
appointed by the Governor General to perform the functions assigned 
to the Finance Member under these rules ; 

"Gazette " means the Gazette of India ; 

"member" moans a member of either Chamber ; 

"member of the Government '' means a member of the 
Governor-General's Executive Council, and includes any member to 
whom such a member may delegate any function assigned to him 
under these rules ; 

"resolution " means a motion for the purpose of discussing a 
matter of general public interest ; 

"standing order " means a standing order of either Chamber ; 

"Secretary " means the Secretary to either Chamber, and 
includes any person for the time being performing the duties of the 
Secretary. 



CO INDIAN LEGISLATIVE RULES 

Temporary Chairman. 

3. At the commencement of every Session, the Governor-General 
shall nominate from amongst the members of the Assembly a panel of 
not more than four Chairmen, any one of whom may preside over 
the Assembly in the absence of the President and Deputy President, 
when so requested by the President, or in his absence, by the Deputy 
President. 

President and Secretary. 

4. The Deputy President and any Chairman of the Assembly 
and any person appointed by the Governor General to preside over 
the Council in the absence of the President shall, whon presiding 
over the Assembly or the Council, as the case may be, havo the same 
powers as the President when so presiding, and all references to the 
President in these rules shall, in these circumstances bo deemed to 
be references to any such person so presiding. 

5. The Secretary, and such assistants of the Secretary as tho 
Governor-General considers to be necessary, shall be appointed by 
order in writing by the Governor General arid shall hold office 
during his pleasure. 

Non-official Business. 

6. The Governor-General, after considering the state of 
business of the Chamber, shall, at the commencement of each Session 
of that Chamber, allot as many days as are in his opinion compatible 
with the public interests for the business of non-official members in 
that Chamber, and may, from time to time during the Session, alter 
such allotment, and on these days such business shall have precedence. 
At all other times Government business shall have precedence. 

On Questions* 

7. The Governor-General may within the period of notice 
disallow any question or any part of a question on the ground that 
it relates to a matter which is not primarily the concern of the" 
Governor-General in Council, and if he does so, the question or part 
of the question shall not be placed on the list of questions. 

8. (1) A question may be asked for the purpose of obtaining 
information on a matter of public concern within the special 
cognisance of the member to whom it is addressed : 

Provided that no question shall be asked in regard to any of 
the following subjects, namely : 

(t) any matter effecting the relations of His Meje sty's Govern- 
ment, or of the Governor General in Council, with any 
foreign State ; 



GOVT. OF IN1)1A ACT J919 67 

(H) any matter affecting the relations of any of the foregoing 
authorities with any Prince or Chief under the suzerainty 
of His Majesty, or relating to the afiairs of any such Prince 
or Chief or to the administration of the territories of any 
such Prince or Chief ; and 

(Hi) any matter which is under adjudication by a Court of Law 
having jurisdiction in any part of his Majesty's Dominions. 

(2) The decision of the Governor-General on the point whether 
any question is or is riot within the restrictions imposed by sub-rule 
(1) shall be final. 

9. In matters which are or have have been the subject of 
controversy between the Governor General in Council and the 
Secretary of State or Local Government, no question shall be asked 
except as to matters of fact, and the answer shall be confined to a 
statement of facts. 

Supplementary Questions. 

10. Any member may put a supplementary question for the 
purpose of further elucidating any matter of fact regarding which 
an answer has been given : 

Provided that the President shall disallow any supplementary 
question if, in his opinion, it infringes the rules as to the subject 
matter of questions, and in that case the question shall not appear 
on the record of the pioceedings of the Chamber. 

Motion for Adjournments. 

11. A motion for an adjournment of the business of either 
Chamber for the purpose of discussing a definite matter of urgent 
public importance may be made with the consent of the Governor- 
General which shall not be refused, except for reasons which would 
justify disallowance of a resolution. 

12. The right to move the adjournment of either Chamber for 
the purpose of discussing a definite mattei of urgent public 
importance shall be subject to the following restrictions, namely ; 

(i) not more than one such motion shall be made at the same 

sitting ; 
(ii) not more than one matter can be discussed on the saino 

motion, and the motion must be restricted to a specified 

matter of recent occurrence ; 
(Hi) the motion must not revive discussion on a matter which 

has been discussed in the same Session ; 
(iv) the motion must not anticipate a matter which has been 

previously appointed for consideration, or with reference fo 

which a notice of motion has been previously given ; and 



66 INDIAN LEGISLATIVE 

(f) the motion must not deal with a matter on which a 
resolution could not be moved. 
Quorum. 

13. In the case of the Council the presence of at least fifteen 
members, and in the case of the Assembly the presence of at least 
twenty-five members, shall be necessary to constitute a meeting of 
the Council or of the Assembly for the exercise of its powers. 

Language of Proceedings. 

14. The business of the Indian legislature shall be transacted 
in English provided that the President may permit any member 
unacquainted with English to address the Council in a vernacular. 

Points of Order. 

15. (1) The President shall decide all points of order which 
may arise, and his decision shall bo final. 

(2) Any member may at any time submit a point of order for 
the decision of the President, but in doing so shall confine himself 
to stating the point. 

16. The President, after having called the attention, of the 
Chamber to the conduct of a member who persists in irrelevance 
or in tedious repetition cither of his own arguments or of the 
arguments used by other members in debate, may direct him to 
discontinue his speech. 

Withdrawal of Member 

17. (l) Tho President shall preserve order and have all powers 

necessary for the purpose of enforcing his decisions on all 
points of order. 

(2) He may direct any member whose conduct is in his opinion 

grossly disorderly to withdraw immediately from the 
Chamber, and any member so ordered to withdraw shall 
do so forthwith and shall absent himself during the 
remainder of the day's meeting. If any member is ordered 
to withdraw a second time in the same session, the 
President may direct the member to absent himself from 
the meetings of the Chamber for any period not longer 
than tho remainder of the Session, and the member so 
directed shall absent himself accordingly. 

(3) The President may, in the case of grave disorder arising in 

the Chamber, suspend any sitting for a time to be named 
by him. 

Notice and Publication of Bills 

1 8. The Governor-Genera,! may order the publication of any 
JJill (together with the Statement of Objects and Reasons accompa- 



GOVT. OF INDIA ACT 19 W t$ 

nying it) in the Gazette, although DO motion has been made for 
leave to introduce the Bill. In that case it shall not be necessary 
to move for leave to introduce the Bill, and, if the Bill is afterwards 
introduced it shall not be necessary to publish it again. 

19. (l) Any member, other than a member of the Government, 
desiring to move for leave to introduce a Bill shall give notice 
of his intention, and shall, together with the notice, submit 
a copy of the Bill and a full Statement of Objects and 
Reasons. 

(2) If the Bill is a Bill which under the Government of India 

Act requires sanction, the member shall annex to the notice 
a copy of such sanction, and the notice shall not be valid 
until this requirement is complied with. 

(3) If any question arises, whether a Bill is or is not a Bill 

which requires sanction under the Government of India 
Act, the question shall be referredto the Governor-General, 
and his decision on the question shall be final. 

(4) The period of notice of a motion for leave to introduce a 

Bill under this rule shall be one month or, if the Governor- 
General so directs, a further period not exceeding in all two 
months. 
'20. As soon as may be after a Bill has been introduced, the 

Bill, unless it has already been published, shall be published in the 

Gazette. 

Certification of Governor-General 

21. If the Governor-General certifies that a Bill or any 
clause of a Bill or an amendment to a Bill affects the safety 
or tranquility of British India or any part thereof, arid directs that 
no pro- eedings or no further proceedings shall be taken thereon, all 
notices of motions in connection with the subject-matter of the 
certificate shall lapse, and if any such motion has not already been 
set down in the list of business, it shall nqt be so set down. If any 
such motion has been set down on rho list of business, the President 
shall, when the motion is reached, inform the Chamber of the 
Governor-General's action, and the Chamber shall forthwith, without 
debate, proceed to the next item of business. 

Disallowance of Resolutions 

22. The Governor-General may, within the period of notice, 
disallow any resolution or any part of a resolution, on the ground 
that it cannot be moved without detriment to the public interest, 
or on the ground that it relates to a matter which is riot primarily 
the concern of the Governor-General in Council, and, if he does so, 



10 INDIAN LEGISLATIVE 

the resolution or part of the resolution shall not be placed on the 
list of business. 

Restrictions of Discussion 

23. (1) Every resolution shall be in the form of a specific recom- 
mendation addressed to the Governor-General in Council, and no 
resolution shall be moved in regard to any of the following subjects, 
namely : 

() any matter affecting the relations of His Majesty's Govern- 
ment, or of the Governor-General or the Governor-General 
in Council, with any foreign State ; , 

(ii) any matter affecting the relations of any of the foregoing 
authorities with any Prince or Chief under the suzerainty, 
of His Majesty, or relating to the affairs of any such Prince 
or Chief or to the administration of the territory of any 
such Prince or Chief ; and 

(Hi) any matter which is under adjudication by a Court of Law 
having jurisdiction in any part of His Majesty's Dominions. 

(j) The decision of the Governor-General on the point whether 
any resolution is or is not within the restrictions imposed by sub- 
rule (1) shall be final. 

24. A copy of every resolution which has been passed by either 
Chamber shall bo forwarded to the Governor-General in Council, 
but any such resolution shall have effect only as a recommendation 
to the Governor-General in Council. 

On Bills 

25. Every Bill which has been passed by the originating Cham- 
shall be sent to the other Chamber, and copies of the Bill shall be 
laid on the table at the next following meeting of that Chamber. 

26. At any time after copies have been laid on the table, any 
member acting on bohalf of Government in the case of a Government 
Bill or, in any other case, any member may give notice of his inten- 
tion to move that the Bill be taken into consideration. 

27. On the day on which the motion is set down in the list of 
business, which shall, unless the President otherwise directs, be not 
less than three days fiom the receipt of the notice, the member 
giving notice may move that the Bill be taken into consideration, 

2S. On the day on which such motion is made or on any subse- 
quent day to which the discussion is postponed, the principle of the 
Bill and its general provisions may be discussed, but the details of 
the Bill must not be discussed further than is necessary to explain 
its principle, 



OF INDIA ACT 1019 71 

29. Any member may (if the Bill has not already been referred 
to a Select Committee of the originating Chamber or to a Joint 
Committee of both Chambers, but not otherwise) *move as an amend- 
ment that the Bill be referred to a Select Committee, and if such 
motion is carried, the Bill shall bo referred to a Select Committee, 
and the standing orders regarding Select Committees on Bills origi- 
nating in the Chamber shall then apply. 

Passing of Bills 

30. If the motion that the Bill be taken into consideration is 
cajriod, the Bill shall be taken into consideration, and the provisions 
of the standing orders of the Chamber regarding consideration of 
amendments to Bills and the subsequent procedure in regard to the 
passing of Bills shall apply. 

31 H the Bill is passed without amendment and the originating 
Chamber is the Legislative Assembly, a message shall be sent to the 
Legislative Assembly intimating that the Council of State have 
agreed to the Bill without any simendmonts. If the originatirg 
Chamber is the Council of State, the Bill with a message to the 
effect that the Legislative Assembly have agreed to the Bill without 
any amendments shall be sent to the Council oi State. 

32. If the Bill is passed with amendments, the Bill shall bo 
returned with a message asking the concurrence of the origina- 
ting Chamber to the amendments. 

33. When a Bill which has been amended in the other Chamber 
is returned to the originating Chamber, copies of the Bill shall bo 
laid on the table at the next following meeting of that Chamber. 

34. After the amended Bill has boon laid on the table, any 
member acting on behalf of Goveinment in the case of a Government 
Bill or, in any other case, any member after giving -three days' notice 
or with the consent of the President without notice, may move that 
the amendments be taken into consideration. 

On Amendments to Bills 

35. (1) If on a motion that the amendments be taken into con- 
sideration is carried, the President shall put the amend- 
ments to the Chamber in such manner as he thinks most 
convenient for their consideration. 

(2) Further amendments relevant to the subject matter of the 
amendments made by the other Chamber may be moved, 
but no further amendment shall be moved to the Bill, unless 
it is consequential upon, 'or an alternative to an amendment 
made by the other Chamber. 



72 INDIAN LEGISLATIVE ItVLES 

36. (l) If the Chamber agrees to the amendments made by the 
other Chamber, a message intimating its agreement shall 
be sent to* that Chamber. 

(2) If the Chamber disagrees with the amendments made 

by the other Chamber, or any of them, the Bill with a 
message intimating its disagreement shall lie sent to that 
Chamber. 

(3) If the Chamber agrees to the amendments or any of them 

with further amendments or proposes further amendments 
in place of amendments made by the other Chamber, the 
Bill as further amended with a message to that effect shall 
be sent to the other Chamber. 

(4) The other Chamber may either agree to the Bill as 

originally passed in the originating Chamber or as further 
amended by that Chamber, as the case may be, or may 
return the Bill with a message that it irsists on an amend- 
ment or amendments to which the originating Chamber 
has disagreed. 

(5) If a Bill is returned with a message intimating that tho 
other Chamber insists on amendments to which the origi- 
nating Chamber is unable to agree, that Chamber may 
either 

(i) report the fact of the disagreement to the Governor- 
General, or 

(ii) allow the Bill to lapse. 

37. A joint sitting of both Chambers shall be convened by the 
Governor-General by notification in the Gazette. 

38. The President of the Council shall preside at a joint sitting 
and the procedure of the Council shall, so far as practicable, apply. 

39. The members present at a joint sitting may deliberate and 
shall vote together upon the Bill at last proposed by the originating 
Chamber arid upon amendments, if any, which have been made 
theiein by one Chamber and not agreed to by the other, and any such 
amendment which are affirmed by a majority of the total members 
of the Council and the Assembly present at such sitting shall be 
taken to have been carried ; and if the Bill with the amendments, 
if any, is affirmed by a majority of the members of the Council and 
the Assembly present at such sitting, it shall be deemed to have 
been duly passed by both Chambers. 

40. (l) If both Chambers agree to a meeting of members for 
the purpose of discussing a difference of opinion which has arisen 
between the two Chambers, a conference shall be held. 



OF INDIA ACT 19] 9 73 

(2) At a conference each Chamber shall be represented by an 
equal number of members. 

(3) The conference shall determine its own procedure. 

(4) The time and place of the conference shall be fixed by the 
President of the Council. 

41. Messages between one Chamber and the other Chamber 
shall be conveyed by the Secretary of the one Chamber to the Sec- 
retary of the other, or in such other manner as the Chambeis may 
agree. 

Joint Committees. 

42. (l) If a resolution is passed in the originating Chamber 
recommending that a Bill should be committed to a Joint Committee 
of both Chambers, a message shall be sent to the other Chamber to 
inform it of the resolution arid to desire its concurrence in the reso- 
lution. 

(2) If the other Chamber agrees, a motion shall be made in 
each Chamber nominating the members of that Chamber who are to 
serve on the Committee. On a Joint Committee equal numbers of 
members of each Chamber must be nominated. 

(3) The Chairman of the Committee shall be elected by the 
Committee. He shall have only a single vote, and, if the votes are 
equal, the question shall be decided in the negative. 

(4) The time and place of the meeting of the Committee shall 
be fixed by the President of the Council. 

The Budget. 

43. A statement of the estimated annual expenditure and 
revenue of the Governor-General in Council (hereinafter referred to 
as " the Budget ") shall be presented to each Chamber on such day 
or days as the Governor-General may appoint. 

44. (1) A separate demand shall ordinarily be made in respect 
of grant proposed for each Department of the Government provided 
that the Finance Member may in his discretion include in one 
demand grants proposed for two or more Departments, or make a 
demand in respect of expenditure which cannot readily be classified 
under particular Departments. 

(2) Each demand shall contain, first, a statement of the total 
grant proposed, and then a statement of the detailed estimate under 
each grant divided into items. 

(3) Subject to these rules the Budget shall be presented in such 
a form as the Finance Member may consider best fitted for its. con- 
sideration by the Assembly. 

10 



74 INDIAN LEGISLATIVE RULES 

The Budget Debate. 

45. The Budget shall be dealt with by the Assembly in two 
stages, namely : 

(0 a general discussion ; and 

(ii) the voting of demands for grants. 

46. (l) On a day to be appointed by the Governor General 
subsequent to the day on which the Budget is presented and for 
such time as the Governor General may allot for this purpose, the 
Assembly shall be at liberty to discuss the Budget as a whole or any 
question of principle involved therein, but no motion shall bo moved 
at; this stag* 4 , nor shall the Budget be submitted to tho vote of the 
Assembly. 

(2) The Finance Member shall have a general right, of reply at 
tho end of the discussion. 

(3) The President may, if he thinks fit, prescribe a time limit 
for speeches. 

Voting of Grants. 

47. (l) Not more than fifteen days shall be allotted by the 
Governor General for the discussion of the demands of the Governor 
General in Council for grants. 

(2) Of the days so allotted, not more than two days shall be 
allotted by tho Governor General to the discussion of any one 
demand. As soon as the maximum limit of time for discussion is 
reached, the President shall forthwith put every question necessary 
to dispose of the demand under discussion. 

(3) On the last day of the allotted days at five o'clock, the 
President shall forthwith put every question necessary to dispose of 
all tho outstanding matters in connection with the demands for 
grants. 

Motions. 

18. (l) No motion for appropriation can be made except on 
tho recommendation of tho Governor General communicated to the 
Assembly. 

(2) Motions may be moved at this stage to omit or reduce any 
grant, but not to increase or alter the destination of a grant. 

(3) When several motions relating to the same demand are 
offered, they shall be discussed in the order in which the heads to 
which they relate appear in the Budget. 

Excess Grants. 

49. When money has been spent on any service, for which the 
vote of the assembly is necessary during any financial year, in excess 



trWr. ok INDIA ACT 1910 75 

of the amount granted for that service and for that year, a demand 
for the excess shall be presented to the Assembly by the Finance 
Member and shall be dealt with in the same way by the Assembly 
as if it were a demand for a grant. 

Additional Grants. 

50. (l) An estimate shall be presented to the Assembly fora 
supplementary or additional grant when 

(1) the amount voted in the Budget of a grant is found to be 

insufficient for the purposes of the current year, or 
(ii) a need arises during the current year for expenditure for 
which the vote of the Assembly is necessary upon some 
new service not contemplated in the Budget for that 
year. 

(2) Supplementary or additional estimates shall be dealt with 
in the same way by the Assembly as if they were demands for 
grants. 

Committee on Public Accounts. 

51. (1) As soon as may be after the commencement of each 
financial year a Committee or Public Accounts shall be constituted 
for the purpose ^ dealing with the audit and appropriation accounts 
of the Governor General in Council and such other matters as the 
Finance Department may refer to the Committee. 

(2) Ihe Committee on Public Accounts shall consist of not 
more than twelve members including the Chairman, of whom not 
less than two-thirds shall be elected by the non-official members of 
the Assembly according to the principle of proportionate representa- 
tion by means of the single transferable vote. The remaining 
members shall be nominated by the Governor- General. 

(3) The Finance Member shall be Chairman of the Committee, 
and, in the case of an equality of votes on any matter, shall have a 
second or casting vote. 

Duty of Finance Committee. 

52. (1) In scrutinising the audit and appropriation accounts 
of the Governor General in Council, it shall bo the duty of the 
Committee to satisfy itself that the money voted by the Assembly 
has been spent within the scope of the demand granted by the 
Assembly. 

(2) It shall be the duty of the Committee to bring to the notice 
of the Assembly 

(i) every re-appropriation from one grant to another grant ; 



1NMAN LEGISLATIVE RULE* 

(ii) every re-appropriation within a grant which is not made in 
accordance with the rules regulating the functions of the 
Finance Department, or which has the effect of increasing 
the expenditure on an item the provision for which has 
been specifically reduced by a vote of the Assembly ; and 

(Hi) all expenditure which the Finance Department has request- 
ed should be brought to the notice of the Assembly. 



Rules Under the 

Govt. of India Act 

Provincial Legislative Council 

In exercise of the powers conferred by sub-section (6) of section 
72 D and sub-section 0)of section 129 A of the Government of 
India Act, the Governor General in Council, with the sanction of 
the Secretary of State in Council, is pleased to make the following 
rules for the Legislative Council of the Governor of 

Short Title. 

1. Those rules may be called the Legislative Council 

Kules, 

Definitions. 

2. In these rules 

"Council" means the Legislative Council of ; 

" Finance Member" means the member of the Council appointed 
by the Governor to perform the function of the Finance Member 
under those rules ; 

" Gazette " means the Gazette ; 

" Member " means a member of the Council ; 

14 Member of the Government ; ' means a member of the Execu- 
tive Council or a Minister, and includes any member to whom such 
member may delegate any function assigned to him under these rules. 

" Resolution" moans a motion- i'or the purpose of discussing a 
matter of general public interest ; 

"Standing order" means a standing order of the Council ; 
and 

" Secretary " means a Secretary to the Council and includes 
any person for the time being performing the duties of the Secretary. 

Temporary Chairman. 

3. At the commencement of every Session, the Governor shall 
nominate from amongst the members of the Council a panel of not 
more than four Chairmen, any one of whom may preside over the 
Council iii the absence of the President and Deputy President, wheu 



78 INDIAN LEGISLATIVE liULEti 

so requested by the President or, in his absence, by the Deputy 
President. 

4. The Deputy President and any Chairman of the Council 
shall, when presiding over the Council, have the -same powers as the 
President when so presiding, and all references to the President in 
the rules and standing orders shall, in these circumstances, be deemed 
to be references to any such person so presiding. 

Council Secretary. 

5. The Secretary and such assistants of the Secretary as the 
Governor considers to be necessary shall be appointed by order in 
writing by the Governor and shall hold office during his pleasure. 

Days of Business. 

G. The Governor, after considering the state of business of the 
Council, shall, at the commencement of each Session, allot as many 
days as are in his opinion compatible with the public interests for 
the business of non- official members in the Council, and may from 
time to time during the Session alter such allotment, and on these 
days such business shall have precedence. At all other times 
Government business shall have precedence. 

On Questions. 

7, The Governor may, within the period of notice, disallow any 
question or any part of a question on the ground that it relates to a 
matter which is not primarily the concern of the local Government, 
and if he does so, the question or part of the question shall not be 
placed on the list of questions. 

8. (l) A question may be asked for the purpose of obtaining 
information on a matter of public concern within the special cogni- 
sance of the member to whom it is addressed : 

Provided that, no question shall be asked, in regard to any of 
the following subjects, namely : 

(i) any matter affecting the relations of His Majesty's Govern- 
ment, or of the Government of India, or of the Governor 
or the Governor in Council, with any foreign State ; 

(ii) any matter affecting the relations of the foregoing authori- 
ties with any Prince or Chief under the suzerainty of His 
Majesty, or relating to the affairs of any such Prince or 
Chief or to the administration of the territory of any such 
Prince or Chief, and 

(Hi) any matter which is under adjudication by a Court of Law 
having jurisdiction in any part of his Majesty's Dominions, 



QOVT. OF INDIA ACT 1919 79 

(2) The decision of the Governor on the point whether any 
question is or is not \\ithin the restrictions imposed by sub-rule (1) 
shall be final. 

Matters of Controversy. 

9. In matters which are or have been the subject of controversy 
between the Governor-General in Council or the Secretary of State 
and the local Government no question shall be asked except as to 
matters of fact, and the answer shall be confined to a statement of 
facts. 

Supplementary Questicn. 

10. Any member may put a supplementary question for the 
purpose of further elucidating any matter of fact regarding which 
an answer has been given. 

Provided that the President shall disallow any supplementary 
question if, in his opinion, it infringes the rule as to the subject 
matter of questions, and in that case the question shall not appear 
on the record of the Proceedings of the Council. 
Motion for Adjournments. 

11. A motion for an adjournment of the business of the Coun- 
cil for the purpose of discussing a definite matter of urgent public 
importance may bo made with the consent of the Governor, which 
shall not be refused except for reasons which would justify the 
disallowance of a resolution. 

12. The right to move the adjournment of the council for the 
purpose of discussing a definite matter of urgent public importance 
shall be subject to the following restrictions, namely : 

(i) not more than one such motion shall be made at the same 
sitting ; 

(ii) not more than one matter can be discussed on the same 
motion, arid the motion must be restricted to specific 
matter of recent occurrence ; 

(Hi) th^ motion must not revive discussion on a matter which 
has been discussed in the same Session ; 

(if) the motion must not anticipate a matter which has been 
previously appointed for consideration, or with reference 
to which a notice of motion has been previously given : 
and 

(v) the motion must not deal with a matter on which a resolu- 
tion could not be moved. 
Quorum. 

13. The presence of at leastmembers shall be necessary tc 
constitute a meeting of the Council for the exercise of its power?. 



SO INDIAN LEGISLATIVE RULES 

Language of the Council. 

14. The business of the Council shall be transacted in English, 
but any member who is not fluent in English may address the (Council 
in any recognised vernacular of the province, provided that the 
President may. call on any member to speak in any language in 
which he is known to be proficient. 

Points of Order. 

15. (l) The President shall decide all points of order which 
may arise, and his decision shall be final. 

(2) Any member may at any time submit a point of order for 
the decision of the President, but in doing so shall confine himself 
to stating the point. 

16. The President, after having called the attention of the 
Council to the conduct of a member who persists in irrelevance or 
in tedious repetition either of his own arguments or of the 
arguments used by other members in debate, may direct him to 
discontinue his speech. 

Presidents Powers. 

17. (1) The President shall preserve order and have all 
powers necessary for the purpose of enforcing his decisions on all 
points of order. 

(2) He may direct any member whose conduct is in his opinion 
grossly disorderly to withdraw immediately from tho Council, and 
the member so ordered to withdraw shall do so forthwith and shall 
absent himself during the remainder of the day's meeting. If any 
member is ordered to withdraw a second time in the same Session, 
the President may direct the member to absent himself from the 
meetings of the Council for any period not longer than the remainder 
of tho Session, and the member so directed shall absent himself 
accordingly. 

On Bills. 

(3) The President may in the case of grave disorder arising in 
the Council suspend any sitting for a time to be named by him. 

18. The Governor may order the publication of any Bill 
(together with the Statement of Object and Reasons accompanying 
it) in the Gazette, although no motion has been made for leave to 
introduce the Bill. In that case it shall not be necessary to move for 
leave to introduce the Bill, and if the Bill is afterwards introduced, 
it shall not be necessary to publish it again. 

19. (1) Any member, other than a member of the Govern- 
ment, desiring to move for leave to introduce a Bill shall give notice 



GOVT, OF INDIA ACT 1919 81 

of his intention, and shall, together with the notice, submit a copy 
of the Bill and a full Statement of Objects and Eeasons. 

(2) If the Bill is a Bill which under the Government of India Act 
requires sanction, the member shall annex to the notice a copy of 
such sanction, and the notice shall not be valid until this require- 
ment is complied with. 

(3) If any question arises whether a Bill is or is not a Bill 
which requires sanction under the Government of India Act, the 
question shall bo roforcd to the authority which would have power 
to grant the sanction if it were necessary, and the decision of that 
authority on the question shall be final. 

(4) The period of notice of a motion for leave to introduce a 
Bill under this rule shall be as follows, namely : 

(a) if the Bill relates to a transferred subject fifteen days ; 

(b) if the Bill relates to a reserved subject one month or, if 

the Governor so directs, a further period not exceeding 
in all two months. 

20. As soon-as may be after a Bill has been introduced, the 
Bill unless it has already been published, shall be published in the 
Gazette. 

Certification of Bills. 

21. If the Governor certifies that a Bill, or any clause of a 
Bill, or any amendment to a Bill, affects the safety or tranquility of a 
Province or any part thereof, and directs that no proceedings or no 
further proceedings shall be taken thereon, all notices of motion in 
connection with the subject-matter of the certificate shall lapse, 
and if any such motion has not already been set down in the list of 
of business, it shall not bo so set down. If any such motion has 
been set down on the list of business, the President shall, when the 
motion is reached, inform the Council of the Governor's action, and 
the Council shall forthwith without debate proceed to the next item 
of business. 

Disallowance of Resolutions. 

22. The Governor may, within the period of notice, disallow 
any resolution or any part of a resolution, on the ground that it 
cannot be moved without detriment to the public interest, or on the 
ground that it relates to a matter which is not primarily the concern 
of the local Government, and if he does so, the resolution or part of 
the resolution shall not be placed on the list of business. 

On Resolutions. 

23. (I) Every resolution shall be in the form of a specific 
recommendation addressed to the Government, and no resolution 



82 INDIAN LEGISLATIVE MULES 

shall be moved in regard to any of the following subjects, 

namely : 

(1) any matter affecting the relations of His Majesty 's Govern- 

ment, or of the Government of India, or of the Governor 
or the Governor in Council, with any foreign State : 

(ii) any matter affecting the relations of any of the foregoing 
authorities, with any Prince or Chief under the suzerainty 
of His Majesty, or relating to the affairs of any such Prince 
or Chief, or to to the administration of the territory of any 
such Prince or Chief : and 

(Hi) any matter which is under adjudication by a Court of Law 
having jurisdiction in any part of His Majesty's Dominions. 

(2) The decision of the Governor on the point whether any 
resolution is or is not within the restrictions imposed by sub-rule 
(1) shall be final. 

Effect of Resolutions. 

24. A copy of every resolution which has been passed by the 
Council shall be forwarded to the Government, but any such resolu- 
tion shall have effect only as a recommendation to the Government. 

The Budget. 

25. A statement of the estimated annual expenditure and 
revenue of the Province (hereinafter lefered to as 'the Budget") 
shall be presented to the Council on such day as the Governor may 
appoint. 

26. (1) A separate demand shall ordinarily be made in respect 
of the grant proposed for each Department of the Government, 
provided that the Finance Member may in his discretion, include in 
one demand grants proposed for two or more Departments, or make 
a ctemand in respect of expenditure, such as Famine Relief and 
Insurance and Interest, which cannot readily be classified under 
particular Departments. Demands affecting reserved and trans- 
ferred subjects shall, so far as may be possible, be kept distinct. 

(2) Each demand shall contain, first, a statement of the total 
. grant proposed, and then a statement of the detailed estimate under 

each grant divided into items. 

(3) Subject to these rules, the Budget shall be presented in 
such a form as the Finance Member may consider best fitted for its 
consideration by the Council. 

The Budget Debate. 

27. The Budget shall be dealt with by the Council in two 
stages, namely : 



OOVT. OF INDIA ACT 1919 83 

(i) a general discussion ; and 
(ii) the voting on demands for grants, 

28. (1) On a day to be appointed by the Governor subsequent 
to the day on which the Budget is presented and for such time as 
the Governor may allot for this purpose, the Council shall be at 
liberty to discuss the Budget as a whole or any question of principle 
involved therein, but no motion shall be moved at this stage nor 
shall the Budget be submitted to the voto of the Council. 

(2) The Finance Member shall have a general right of reply at 
the end of the discussion. 

(3) The President may, if he thinks fit, prescribe a time-limit 
for speeches. 

29. (I) Not more than twelve days shall be allotted by the 
Governor for the discussion of the demands of the Local Government 
for grants. 

(2) Of the days so allotted, not more than two days shall be 
allotted by the Governor to the discussion of any one demand. As 
soon as the maximum limit of time for discussion is reached, the 
President shall forthwith put every question necessary to dispose of 
the demand under discussion, 

(3) On the last day of the allotted days at o'clock, the 
President shall forthwith put every question necessary to dispose of 
all the outstanding matters in connection with the demands for 
grants. 

30. (I) No motion for appropriation can be made- except 
on thfc recommendation of the Governor communicated to the 
Council. 

(2) Motions may be moved at this stage to omit or roduce any 
grant or any item in a grant, but riot to increase or alter the 
destination of a grant. 

(3) "When several motions relating to the same demand are 
offered, they shall be discussed in the order in which the heads to 
which they relate appear in the Budget. 

(4) No motion shall bo made for the reduction of a grant as a 
whole until all motions for the omission or reduction of definite 
items within that grant have been discussed. 

Excess Grant. 

31. When money has been spent on any service for which the 
vote of Council is necessary during any financial year in excess of 
the amount granted for that service and for that year, a demand for 
the excess shall be presented to the Council by the Finance Member 
and shall be dealt with in the same way by the Council as if it were 
a demand for a grant. 



84 INDIAN LEGISLATIVE RULES 

Additional Grant. 

32. (l) An estimate shall be presented to the Councillor a 
supplementary or additional grant when, 

(1) the amount voted in the Budget of a grant is found to be 

insufficient for the purposes of the current year, or 
(ii) a need arises during the current year for expenditure for 
which the \ote of the Council is necessary upon some now 
service not contemplated in the Budget for that year. 

(2) Supplementary or additional estimates shall be dealt with 
in the same way by the Council as if they were demands for 
grants, 

Committee on Public Accounts. 

33. (l) As soon as may bo after the commencement of each 
financial year, a Committee on Public Accounts shall be constituted 
for the purpose of dealing with tho audit and appropriation account 
of the Province and such other matters as the Finance Department 
may refer to the Committee. 

(2) Tho Committee on Public Accounts shall consist of not 
more than . . . members including tho chairman, of whom not less 
than two thirds shall be elected by the non-Otiicial members of the 
Council according to the principle of proportionate representation 
by means of tho single transferable veto. Tho remaining members 
shall be nominated by the Governor. 

(3) The Finance Member shall be the Chairman of the 
Committee, and, in the ease of an equality of votes on any matter, 
shall have a second or casting vote. 

Duty of the Committee. 

34. (1) In scrutinising the audit and appropriation accounts 
of the province, it shall be the duty of tho Committee to satisfy 
itself that the money voted by tho Coucil has been spent within 
the scope of the demand granted by the Council. 

(2) It shall be tho duty of tho committee to bring to the 
notice of the Council 

(i) every re-appropriation from one grant to another grant ; 

(ie) every re-appropriation within a grant which is not made in 
accordance with tho rules regulating tho functions of tho 
Finance Department, or which has the effect of increasing 
the expenditure on an item the provision from which 
has been specifically reduced by a vote of the Council ; 
and 

(Hi) all expenditure which the Finance Department has 
equested should be brought to the notice of the Council. 



Rules tor 
The Legislative Assembly 



The following rules relating to MM Lflgi^latire Amcwbly and 1hr 
Council of State, have been made under sediwis 63 A (7) and 
(2) and 64 (1) (a), (b), (c), (d), (e) and (f) of the Government of 
India Act and. whinitted for the. sanction of 1he Scrret^ry of Hair in 
Council, May 



Composition o! Legislative Assembly. 

1. The Legislative Assembly shall consist of 

(1) one hundred arid two elected members, and 

(2) forty-one members nominated by the Governor General, of 
whom not more than twenty-six may be officials, and one shall be a 
person nominated as the result of an election held in Berar. 

Elected Members Constituencies. 

2. The elected members shall be elected by the constituencies 
specified in Schedule I to these rules subject to the provisions of 
that Schedule in regard to constituencies entitled to elect in rotation, 
and the number of member to be elected by each constituency shall 
be as stated therein against that constituency. 

General disqualifications for being elected. 

3. (l) A person shall not be eligible for election as a Member 
of the Legislative Assembly if such person 

(a) is not a British subject ; or 

(b) is a female ; or 

(c) is already a member of any legislative body constituted 
under the Act ; or 

(d) having been a legal practitioner has been dismissed or is 
under suspension from practising as such by order of any competent 
court ; or 

(e) has been adjudged by a competent court to be of unsound 
mind ; or 

(/) is under 25 years of age ; or 

(g) is an undischarged insolvent ; or 

(h) being a discharged insolvent has not obtained from the 
court a certificate that his insolvency was caused by misfortune 
without any misconduct on bis jtert r 

11 




ft<5 QOVT. OF INDIA ACT 1919 

Provided that, if the Ruler of a State in India or any subject 
of such a State is not ineligible for election to the Legislative 
of a province, such Ruler or Subject shall not by reason of 
ng a British* subject be ineligible for election to the Legisla- 
Assembly by any constituency in that province : 
Provided further that the disqualification mentioned in clause 
(</) may be wnrooved by an order of the Gow no* General in Council 
in this behalf. 

(2) A person against whom a conviction by a criminal court 
involving a sentence of transportation or imprisonment for a period 
of more .than six months is subsisting shall, unless the offence of which 
he was convicted has been pardoned, not be eligible for election fof 
five years from the date of the expiration of the seotence. 

(3) A person who has been convicted of an offence under 
Chapter IX- A. of the Indian Penal Code punishable with imprison- 
ment for a term exceeding six months or has been reported by 
Commissioners holding an election inquiry as guilty of a corrupt 
practice as specified in Part I, of in paragraph 1, 2 or 3 of Part II, 
of Schedule IV to these rules, shall not be eligible for election for 
five years from the date of such conviction or of the finding of thp 
Commissioners, as the case may be ; and a person reported by such 
Commissioners to be guilty of any other corrupt practice shall be 
similarly disqualified for three years from such date, 

(4) A person who having been a candidate or an election agent 
at an election has failed to lodge the return of election expenses 
hereinafter prescribed or has lodged a return which is found either 
by 'Commissioners holding an election inquiry or by a Magistrate in 
a judicial proceeding to be false in any material particular shall be 
disqualified for five years from the date of the election from being 
nominated as a candidate at any other election ; 

Provided that either of the disqualifications mentioned in sub- 
rules (3) and (4) of this rule may be removed by an order of the 
Governor General in council in that behalf* 

Special qualifications for election in case of certain constituencies 

4. (1) A person shall not be eligible for election as a member 
of the Legislative Assembly to represent 

(a) a general constituency in the presidency of Madras or in the 
presidency of Bengal, unless his name is registered on the electoral 
roll of the constituency or of another ooBfttftaeitty of the same 
communal description situate in the Mine presidency ; or 

(6) a general constituency in the presidency of Bombay, unless 
his flame is registered on the electoral roll of the constituency and 
he has resided in the constituency for a period of six months prior 



LEGISLATIVE ASSEMBLY UVLES 7 

to the first day of January in the year in which the constituency is 
called upon to elect a member or members : provided that a candi- 
date eligible for election in any such constituency shall be eligible 
for election in a constituency of the same communal description if 
the whole or part of either constituency is included in tho same 
district ; or 

(c) a general constituency in the province of Bihar and Orissa 
or in the province of Assam, unless his name is registered on the 
electoral roll'of the constituency or of any other general constituency 
in the same province ; or 

(d) a Muhammad an or non-Muhammadan constituency in the 
United Provinces of ^Agra and Oudh, unless his name i6 registered 
on the electoral roll of a Muhammadan or non-Muhammadan consti- 
tuency in that province ; or 

(e) a general constituency in the Punjab or in the Central 
Provinees, or a European constituency in the United Provinces of 
Agra and Oudh, or a constituency in the Province of Burma or any 
special constituency, unless his name is registered on tho electoral 
roll of the constituency- 

(2) For the purposes of these rules 

(#) "general constituency" means a non-Muhammadaii, 
Muhammadan, European, non-European, or Sikh constituency ; and 

(b) "special constituency" means a Landholders' or Indian 
Commerce constituency. 

The right to elect General conditions of registration and 
disqualifications. 

5. (l) Every person shall be entitled to have his name 
registered on the electoral roll of a constituency who has the quali- 
fications prescribed for an elector of that constituency and who is 
not subject to any of the disqualifications hereinafter set out, 
namely : 

(a) is not a British subject ; or 

(b) is a female ; or 

(c) has been adjudged by a competent court to be of unsound 
mind ; or 

(d) .is under 21 years of age : 

Provided that, if the Ruler of a State in India or any subject 
of such a State is not disqualified for registration on the electoral 
foil of a constituency of the Legislative Council of a province, -such 
Ruler or subject ahall not by reason of not being a British subject 
be disqualified for registration on the electoral roll of any consti- 
tuency of the Legislative Assembly in that province ; 



88 GOVT. OF INDIA ACT 

Provided further that, i! a resolution is passed by the Legisla- 
tive Assembly recommending that the sex disqualification for 
registration should be romoved either in respect of women generally 
or any class of women, the Governor General in Council shall make 
regulations providing that women or a class of women, as the case 
may be, shall not be disqualified for registration by reason only of 
their sex : 

Provided further that no person shall be entitled to have his 
name registered on the electoral roll of more thai/ one general 
constituency. 

(2) If any person is convicted of an offence under Chapter 
IX- A. of the Indian Penal Code punishable with imprisonment for 
a termTexceeding six months or is reported by the Commissioners 
holding an election inquiry as guilty of a corrupt practice as 
specified in Part I, or in paragraph 1, 2 or 3 of Part II, of Schedule 
SV" to * these rules, his name, if on the electoral roll, shall be removed 
therofrom and shall not be registered thereon for a period of five 
yaatfs from the date of the conviction or the report, as the case may 
be, or if not on the electoral roll, shall not be so registered* for a 
like period ; and if any person is reported by such Commissioners as 
guilty of any other corrupt practice as specified in the said Schedule, 
his name, if on the electoral roll, shall be removed therefrom and 
shall not be registered thereon for a period of three years from the 
date of the report or, if nob on the electoral roll, shall not be 
registered for a like period : 

Provided that the Governor General in Council may direct that 
the name of any person to whom this sub-rule applies shall be 
registered on the electoral roll. 

Qualification of electors. 

6. (1) The qualifications of an elector for a general consti- 
tuency shall be such qualifications based on 

(1) community, 
() residence, and 

(Hi) (a) ownership or occupation of a building, or 

(b) assessment to or payment of municipal or cantonment of 
rates or taxes or local cessses ; or 

(c) assessment to or payment of income tax ; or 
(<l) the holding of land, 

AS are specified in Schedule II to these rules in the case of that 
constituency. 

(2) The qualifications of an elector for a special constituency 
shall be the qualifications specified in Schedule II to these rules in 
tbe Qaee of that couatitueooy, 



LEGISLATIVE ASSEMBLY KULES 89 

Electoral roll. 

7. (I) An electoral roll shall be prepared for every consti- 
tuency, on which shall be entered the names of all persons appearing 
to be entitled to be registered as electors for that constituency. It 
shall be published in the constituency together with a notice speci- 
fying the mode 'in which, and the time within which, any person 
whose name is not entered in the roll and who claims to have it 
inserted therein, or any person whose name is on the roll and who 
objects to the inclusion of his own name or of the name of any other 
person on the roll, may prefer a claim or objection to the Revising 
Authority. 

(2) The regulations for the time being in force in any province 
for the purpose of elections to the Legislative Council of that 
province in regard to the following matters, namely, 

(1) the authority by whom the electoral roll shall be prepared 
and the particulars to be contained in the roll, 

(2) the time at which the roll shall be prepared, 

(3) the publication of the roll in the constituency to which 
it relates, 

(4) the mode in which and the time within which claims and 
objections may be preferred, 

(5) the constitution and appointment of Revising Authorities 
to dispose of claims and objections, 

(6) the manner in which notices of claims or objections shall 
be published, 

(7) the place, date, and time at which and the manner in which 
claims or objections shall be heard, 

shall apply for the purpose of the holding of elections within that 
province to the Legislative Assembly : 

Provided that the Governor-General in Council may, by noti- 
fication in the Gazette of India, direct that such modifications and 
adaptations as he may specify shall be made in the application of 
those regulations. 

(3) The orders made by the Revising Authority shall be final, 
and the electoral roll shall be amended in accordance therewith and 
shall, as so amended, be re published in the case of each province 
in such manner as may be prescribed by the regulations afore- 
said for tho republication of electoral rolls of constituencies of the 
Legislative Council. 

(4) The electoral roll shall come into force from the date of 
such republication, and shall continue in force for a period of three 
years or for such less period as the Governor General in Council may 



90 GOyT. OF INDIA ACT Jbld 

by regulation prescribe, and after the expiration of such period a 
fresh roll shall be .prepared in accordance with these rules. 

(5) If a constituency is called upon to elect a member or 
members after an electoral roll has ceased to have force and before 
ike completion of the new electoral roll, the old electoral roll shall 
for the purposes of that election continue to operate as the electoral 
roll for the constituency. 

Right to vote. 

8. Every person registered on the electoral roll for the time 
being in force for any constituency shall while so registered be entitled 
to vote at an election of a member or members for that constituency 
provided that no person shall vote in more than one General 
constituency. 

Nomination of candidates. 

9. (1) Any person may be nominated as a candidate for elec- 
tion in any constituency for which he is eligible for election under 
these rules. 

(2) On or before the date on which a candidate is nominated, 
the candidate shall make in writing and sign a declaration appointing 
either himself or some other person who is not disqualified under 
these rules for the appointment to be his election agent, and no 
candidate shall be deemed to be duly nominated unless such declara- 
tion has been made. 

(3) A candidate who has withdrawn his candidature shall not 
be allowed to cancel the withdrawal or to be renominated as a candi- 
date for the same election. 

Election. 

10. (I) If the number of candidates who are duly nominated 
and who have not withdrawn their candidature before such time as 
the Governor General in Council may .fix in this behalf exceeds that 
of the vacancies, a poll shall be taken. 

(2) If the number of such candidates is equal to the number of 
vacancies, all such candidates shall be declared to be duly elected. 

(3) If the number of such candidates is less than the number of 
vacancies, all such candidates shall be declared to be elected, and the 
Governor General shall, by notification in the Gazette of India call 
for fresh nominations for the remaining vacancies, and if any such 
are received, shall call upon the constituencies concerned to elect 
members to fill these vacancies. 

(4) Votes shall be given by ballot and in General and Landhol- 
ders' constituencies in person. No votes shall be received by proxy. 

(5) In plural-member constituencies every elector shall have as 
votes as there are members to be elected i provided .that ftp 



LEGISLATIVE ASSEMBLY RULES 91 

elector shall give more than one vote to any one candidate except in 
the case of the plural-member constituencies in the presidency of 
Bombay, in -which constituencies any elector may accumulate his 
votes upon one candidate or distribute them amongst the candidates 
as he pleases. 

(6) Votes shall be counted by the Returning Officer, and any 
candidate, or, in the absence of the candidate, a representative duty 
authorised by him in writing, shall have a right to be present at 
the time of counting. 

(7) When the counting of the votes has been completed, the 
Returning Officer shall forthwith declare the candidate or candidates, 
as the case may be, to whom the largest number of votes has been 
given to be elected. 

(8) Where an equality of votes is found to exist between any 
candidates and the addition of one vote will entitle any of the candi- 
dates to be declared elected, the determination of the person or 
persons to whom such one additional vote shall be deemed to have 
been given shall be nude by lot to be drawn in the presence of the 
Returning Officer in. such manner as he may determine. 

(9) The Returning Officer shall without delay rejorfc thfr result 
of the election to the Secretary to the Government of India in the 
Legislative Department, and the name or names of the candidate or 
names of the candidate or candidates elected shall be published in 
the Gazette of India. 

Regulations regarding the conduct of elections. 

11. The regulations for the time being in force in any province 
for the purpose of elections to the Legislative Council of that pro- 
vince in regard to the following matters, namely, 

(1) the form and manner in, and the conditions on, which 
nominations may be made, and for the scrutiny of nominations, 

(2) the appointment of a Returning Officer for each constituency 
and for his powers and duties, 

(3) the division of General and Landholders' constituencies into 
polling areas and the appointment of polling stations for these areis % 

(4) the appointment of officers to preside at polling stations, 
and the duties of such officers, 

(5) the checking of voters by -reference to the electoral roll, 

(6) the manner in which votes are to be given, both generally 
and in the case of illiterate voters or voters under physical or other 
disability, 

(7) the procedure to be followed in respect of tender oi Votes 
by persona representing themselves to be electors after other persons 
have voted as such electors, 



92 GOVT. OF INDIA ACT 19J9 

(8) the scrutiny of votes. 

(9) the safe custody of ballot papers, and other election papers, 
the period for which such papers shall be preserved, and the inspec- 
tion and production of such papers, and, 

(1) the conduct of elections generally, 

shall apply for the purpose of the holding of elections within 
that province to the Legislative Assembly : 

Provided that the Governor-General in Council may, by noti- 
fication in the Gazette of India, direct that such modifications and 
adaptations as he may specify shall be made in the application of 
those regulations. 

Multiple elections. 

12. (1) If any person is elected by more than one consti- 
tuency, he shall, by notice in writing signed by him and delivered 
to -the Secretary to the Government of India in the Legislative 
Department within seven days from the date of the publication of 
the result of such election in the Gazette of India, choose for which 
of these constituencies he shall serve, and the choice shall be con- 
clusive. 

(2) When any such choice has been made, the Governor- 
General shall call upon any constituency or constituencies for which 
such person has not chosen to servo to elect another person or 
persons. 

(3) If the candidate does not make the choice referred to in 
sub-rule (1) of this rule, the elections of such person shall be void 
and the Governor-General shall call upon the constituency or cons- 
tituencies concerned to elect another person or persons. 

Election agents and expenses Disqualification for being 
an election agent. 

13. No person shall be appointed an election agent who is 
himself ineligible for election as being subject to the disqualification 
mentioned in sub-rule (3) of rule III. 

14. (l) Within one month or such longer period as the 
Governor General may allow after the date of the declaration of the 
result of the election, every candidate, either personally or through 
his election agent, shall cause to be lodged with the returning 
Officer a return of his election expenses containing the particulars 
specified in Schedule III to these rules. 

(2) Every such return shall contain a statement of all payments 
made by the candidate or by his election agent or by any persons on 
behalf of the candidate or in his interests for expenses incurred on 
account of or in respect of the conduct and management of the 



LMKLATWE ASSSMXir HULKS 9A 

election, atid further a statement of $11 unpaid claim* in respect of 
such expense* of which he or hi* election agent is aware. 

(3) The return shall be accompanied by declarations by the 
candidate and hi* election agent which shall be in the form 
contained in the said Schedule and shall be made on oath or affirma- 
tion before a Magistrate. 

(4) The Governor General in Council shall cause to be prepared 
in auch manner, and maintained for such time, as he may direct, a 
record showing the names of all candidates at every election under 
these rules and the date on which the return of election expenses of 
each candidate has been lodged with the Returning Officer. 

15* Every election agent shall keep regular books of account 
in which the particulars of all expenditure of the nature referred to 
in rule XIV shall be entered, whether such expenditure is incurred 
by the candidate or by the election agents or by any person under 
the direction of the candidate or the election agent. 

Nominated Members. 

"16. (l) Save as expressly provided in these rules in regard 
to the nomination of a person elected in Berar, no person shall bo 
nominated to the Legislative Assembly who 

(a) is not a British subject ; or 

(b) is a female ; or 

(c) is already a member of any legislative body constituted 
under the Act ; or 

(d) having been a legal practitioner has been dismissed or is 
suspension from practising as such by order of any competent 

court ; or 

(e) has been adjudged by a competent court to be of unsound 
mind ; or 

(/) is under 25 years of age ; or 

(d) is an undischarged insolvent ; or 

(h) being a discharged insolvent has not obtained from the 
court a certificate that his insolvency was caused by misfortune with- 
out any misconduct on his part : 

Provided that, if the Kujer of a State in India or any 
subject of such a State is not disqualified for nomination to the 
Legislative Council of a province, such Buler or subject shall not by 
Reason of Dot being a British sufyjeofc be disqualified for nomination 
to the Legislative Assembly to represent that province : 

. Provided further that thei disqualification mentioned in, clause 
<^) may be, removed by an order of fcto Governor-Genera) in Council 
in this behalf. 

19 



&4 GOVT. OF INDIA ACT 1919 

(2) A person against whom a conviction by a criminal couft 
involving a sentence of transportation or imprisonment for a period 
of more than six months is subsisting shall, unless the offence of 
which he was convicted has been pardoned, not be eligible for 
nomination for five years from the date of the expiration of the 
sentence. 

(3) A persons who has been convicted of an offence under 
Chapter ix A of the Indian Penal Code punishable with imprison* 
went for a term exceeding six months or has been reported by Com- 
missioners holding an election inquiry as guilty of a corrupt practice 
as specified in Part i or in paragraph 1, 2 or 3 of Part u, of Schedule 
iv to these rules, shall not be eligible for nomination for five years 
from the date of such conviction or of the finding of the Commis- 
sioners, as the case may be ; and a person reported by such Commis- 
sioners to be guilty of any other corrupt practice shall be similarly 
disqualified for three years from such date. 

(4) A pernon who having been a candidate or an election agent 
at, an election has failed to lodge the return of election expenses pres- 
cribed in these rules or has lodged a return which is found either 
by Commissioners hplding an inquiry or by a Magistrate in a judi- 
cial proceeding to be false in any material particular shall not be 
eligible for nomination for five years from the date of the election : 

Provided that either of the disqualifications mentioned in sub- 
rules (3) and (4) of this rule may be removed by an order of the 
Governor-General in Council in this behalf. 

Terms of office of nominated member, 

17, (1) A nominated non-official member shall hold office 
for the duration of the Legislative Assembly to which he is nomi- 
nated. 

(2) Official members shall hold office for the duration of the 
Legislative Assembly to which they are nominated or for such shor- 
ter period as the Governor-General may, at the time of nomination, 
determine. 

Obligation to take oath Taking of oath. 

18. Every person who is elected or nominated to be a mem- 
ber of the Legislative Assembly shall, before taking his seat, make 
at a meeting of the Legislative Assembly an oath or affirmation of 
hi allegiance to the Crown in the following form, namely : ,- ' 

I, A, B> having been ~^^ member of this Assembly do 

solemnly swear (or affirm) that I will be faithful and bear true Allegi- 
ance to His Majesty the King, Emperor otf India,' His hbirs ami suc- 
cessors, and that I will faithfully discharge the duty upon which I 
am about to enter. 



LEGISLATIVE ASSEMBLY liULEti 95 

Effect of subsequent disabilities or failure to take oath* 

19. If any person having been elected or nominated subse- 
quently becomes subject to any of the disabilities stated in clauges 
(a), (d), (e), (g\ and (A) of subrule (0 or in sub-rules (2), (3) and 
(4) of rule morof rule xvi, as the case may be, or fails to make 
oath or affirmation prescribed by rule xvin whithin such time as 
the Governor General considers reasonable, the Governor- General 
shall, by notification in the Gazette of India, declare his scat to 
be vacant. 

Vacancies. 

20. (l) When a vacancy occurs in the case of an elected mem- 
ber by reason of his election being declared void or his seat being 
declared vacant, or by reason of absence from India, inability to 
attend to duty, death, acceptance of office or resignation duly accepted, 
the Governor-General shall, by notification in the Gazette of India., 
call upon the constituency concerned to elect a person for the pur- 
pose of filling the vacancy within such time as may be prescribed 
by such notification. 

(2) If a vacancy occurs in the case of a nominated member, the 
Governor-General shall nominate to the vacancy a person having the 
necessary qualification under these rules. 

Firjt constitution of the Legislative Assembly. 

21. (1) As soon as conveniently may be after these rules 
come into force, a Legislative Assembly shall be constituted in 
accordance with their provisions. 

For this purpose the Governor-General shall, by notification in 
the Gazette of India, call upon the constituencies referred to in rule 
II to elect members in accordance with these rules within such time 
as may be prescribed by such notification, and shall make such nomi- 
nations as may be jecessary to complete the Legislative Assembly 
before the date fixed for its first meeting. 

(3) If tiny difficulty arises as to the preparation or publication 
of the first electoral roll or the holdirg of the first elections after the 
commencement of these rules, the Governor-General in Council may 
by order do any matter or thing which appears to him necessary 
for the proper preparation or publication of the roll or for the proper 
holding of the elections. 

General Elections. 

22. (1) On the expiration of the duration of a Legislative 
Assembly or on its dissolution, a general election shall be held in 
order that a new Legislative Assembly may be constituted, 



06 GOV'1\ OF INDIA ACT 

(2) On such expiration or dissbfation, the Governor-General 
shall, by notification in the Gazette of India, call upon the consti- 
tuencies referred to in rule n to elect members in accordance with 
these rules within such time after the date of expiration or dissolu- 
tion as may be prescribed by such notification : 

Provided that, if the Governor* General thinks fit, such notifi- 
cation may be issued at any time not being more than three months 
prior to the date on which the duration of the Legislative Assembly 
would expire in the ordinary course of events. 

(3) Before the date fixed for the first meeting of the Legisla- 
tive Assembly, the Governor- General shall make such nominations 
as may be necessary to complete the Legislative Assembly. 

23. As soon as may be after the expiration of the time fixed 
fur the election of members at any general election, the names of 
the members elected for the various constituencies at such election 
shall be notified in the Gazette of India. 



Rules for 
The Council of State 

Composition of Council of State. 

1.. The Council of State shall consist of 

(1) thirty- three elected members, and 

(2) twenty*soven members nominated by the Governor General, 
of whom not more than twenty may be Officials, and one shall be a 
person nominated as the result of an election held in Berar. 

Elected Members Constituencies. 

2. The elected members shall bo elected by tho constituencies 
specified in Schedule I to these rules, subject to tho provisions of 
that Schedule in regard to constituencies entitled to elect in rotation, 
and the number of members to be elected by each constituency shall 
be as stated therein against that constituency. 

General disqualification foi being elected. 

3. (I) A person shall not be eligible for election as a Member 
of the Council of State if such person 

(a) is not a British subject; or 

(b) is a female ; or 

(c) is already & member of any legislative body constituted tinder 
the Act ; or 



LEQWLAT1VE AtiSEUULY MVtffX 97 

(d) having been a legel practitioner has been dismissed or is 
under suspension from practising as such by order of any competent 
court ; or 

(e) has been adjudged by a competent court to be of unsound 
mind ; or 

GO is under 25 years of age ; or 

(g) is an undischarged insolvent ; or 

(h) being a discharged insolvent has not obtained from the 
court a certificate that his insolvency was caused by misfortune with- 
out any misconduct on his part : 

Provided that, if the Rular of a State in India or any subject of 
such a State is not ineligible for election to the Legislative Council 
of a province, such Ruler or subject shall not by reason of not being 
A British subject be ineligible for election to the Council of State by 
any constituency in that province : 

Provided further that the disqualification mentioned in clause 
(d) may be removed by an order of the Governor General in Council 
in this behalf. 

(2) A person against whom a conviction by a criminal court 
involving a sentence of transportation or imprisonment for a period 
of more than six months is subsisting shall, unless the offence of 
which he was convicted has been pardoned, not be eligible for elec- 
tion for five years from the date of the expiration of the sentence. 

(3) A person who has been convicted of an offence under 
Chapter IX-A. of the Indian Penal Code punishable with imprison- 
ment for a term exceeding six months or has been reported by Com- 
missioners holding an election inquiry as guilty of a corrupt practice 
as specified in Part I, or in paragraph 1,2 or 3 of Part II, of Sche- 
dule IV to these rules, shall not be eligible for election for five years 
from the date of such conviction or of the finding of the Commission- 
ers, as the case may be ; and a person reported by such Commission- 
ers to be guilty of any other corrupt practice " shall be similarly 
disqualified for three years form such date. 

(4) A person who having been a candidate or an election agent 
at an election has failed to lodge the return of election expenses 
herein after prescribed or has lodged a return which is found either 
by Commissioners holding an election inquiry or by a Magistrate in a 
judicial proceeding to be false in any material particular shall be 
disqualified for five years from the date of the election for being 
nominated as a candidate at any other election : 

Provided that either of the disqualifications mentioned in sub- 
rules (3) and (4) of this rule may be removed by an order of th$ 
Governor General in Council in that behalf, 



98 UVyi\ V*' INDIA AVT 

- Special Qualifications (or election in case of Constituencies. 

4. (I) A person shall not be eligible for election as a Member 
of the Council of State to represent 

(a) a general constituency in the presidency of Bengal, unless 
his name is registered on the electoral roll of the constituency or of 
another constituency of the same communal description situate in 
the presidency : or 

(b) a general constituency in the United Provinces of Agra and 
Oudh or in the province of Bihar and Orissa or in the province of 
Assam, unless his name is registered on the electoral roll of the 
constituency or of another general constituency in the same pro- 
vince ; or 

(c) a general constituency in the presidency, of Madras or in the 
presidency of Bombay or in the Punjab or in the Central Provinces 
or in the province of Burma or any special constituency, unless his 
Dame is registered on the electoral roll of the constituency. 

(2) For the purposes of these rules 

(a) "general constituency" means any constituency which is 
not a special constituency ; and 

(b) " special constituency " moans a European Commerce consti- 
tuency. 

The right to elect General conditions of registration and disqualifications. 

5. (1) Every persons shall be entitled to have his name regis- 
tered on the electoral roll of a constituency who has the qualifica- 
tions prescribed for an elector of that constituency and who is not 
subject to any of the disqualifications hereinafter set out, namely : 

(a) is not a British subject ; or 

(b) is a female ; or 

(c) has been adjudged by a competent court to be of unsound 
mind ; or 

(d) is under 21 years of age : 

Provided that, if the Ruler of a State in India or any subject 
of such a State is not disqualified for registration on the electoral 
roll of a constituency of the Legislative Council of a province, such 
Kuler or subject shall not by reason of not being a British subject 
be disqualified for registration on the electoral roll of any consti- 
tuency of the Council of State in that'province : 

Provided further that, if a resolution is passed by the Council 
of State recommending that the sex disqualification for registration 
should be removed either in respect of women generally or any class 
of women, the Governor-General in Council shall make regulations 
providing that women, or a class of women, as the case may be, shall 
not be disqualified for registration by reason only of their sex ; 



A11V& ASSEMBLY RULES 99 

Provided further that no person shall be entitled to have hie 
name registered on the electoral roll of more than one general con- 
stituency. 

(2) If any person is convicted of an offence under Chapter IX- 
A of the Indian Penal Code punishable with imprisonment for a 
term exceeding six months or is reported by Commissioners holding 
an election inquiry as guilty of a corrupt practice as specified in Part 
I, or in paragraph I, 2 or 3 of Part II, of Schedule IV to these rules, 
his name, if on the electoral roll, shall be removed therefrom and 
shall not be registered thereon for a period of five years from the tJato 
of the conviction or the report, as the case may be, or, if not on the 
electoral roll, shall not be so registered for a like period ; and if any 
person is reported by such Commissioners as guilty of any other 
corrupt practice as specified in the said Schedule, his name, if on 
the electoral roll, shall be removed thereform and shall not be regis- 
tered thereon for a period of three years from the date of the report 
or, if not on the electoral roll, shall not be registered for a like 
period : 

Provided that the Governor General in Council may direct that 
the name of any person to whom this sub-rule applies shall bo regis- 
tered on the electoral roll. 

Qualifications of electors. 

6. (l) The qualifications of an elector for a general consti- 
tuency shall be such qualifications based on 

(1) residence, or residence and community, arid 
(ii) (a) the holding of land, or 

(h) assessment to or payment of income-tax, or 

(c) past or present membership of a Legislative body, 01 

(</) p.ist or present tenure of office on a local authority, or 

(>?) past or present university distinction, or 

(/) the tenure of office in a co-operative banking society, or 

(g) the holding of a title conferred for literary merit, 

as are specified in Schedule II to these rules in the case of that 

constituency. 

(2) The qualifications of an elector for a special constituency 
shall be the qualifications specified in Schedule 11 to these rules in 
the case of that constituency. 

Electoral roll. 

7. (1) An electoral roll shall be prepared for every consti- 
tuency, on which shall be entered the names of all persons appearing 
to be entitled to be registered as electors for that constituency. It 
shall be published in the constituency together with a notice speci- 
fying the mode in which and the time within -which any person* 



ioo 0orr. of imiA ACT 

whofte name is not entered in the roll and who* claims to have it 
inserted therein, or any person whose name is on the roll and who 
objects to the inclusion of his- own name or of the name of any other 
person on the roll may proper a claim or objection to the Revising 
Authority, 

(2) The regulations for the time being in force in any.provinjcs 
for the purpose of elections to the Legislative Council of that pro* 
vince in regard to the following matters, namely, 

(1) the authority by whom the electoral roll shall be prepared 
and the particulars to be contained in the roll, 

(2) the time at which the roll shall be prepared, 

(3) the publication of the roll in the constituency to whom it 
relates, 

j (4) the mode in which and the time within which claims and 
objections may be preferred, 

(5) the constitution and appointment of Revising Authorities to 
dispose of claims and objections, 

(6) the manner in which notices of claims or objections shVll be 
published, ' * 

(7) the place, date, and time at which and the manner in which 
claims or objections shall be heard, 

shall apply for the purpose of the holding of elections within that 
province to the Council of State : 

Provided that the Governor General in Council may, by notifica- 
tion in the Gazette of India, direct that such modifications and 
adaptations as he may specify shall be made in the application of 
those regulations. 

(3) The orders made by the Revising Authority shall be final 
and the electoral roll shall be amended in accordance therewith and 
shall, as so amended, be republished in the case of each province in 
such manner as may be prescribed by the regulations aforesaid for 
the republication of electoral rolls of constituencies of the LegiVative 
Council 

(4.) The electoral roll shall come into force from the date of such 
rapublication, and shall continue in force for a period of three years 
or for such less period as the Governor General in Council may by 
regulation prescribe, and after the expiration of such period a fresh 
roll shall be prepared in accordance with these rules. 

(5) If a constituency is called upon to elect a member or 
numbers after an electoral roll has ceased to have force and before 
the completion of the new electoral roll, the old electoral roll *fc*B 
tor the purpoie*c*f that election continue to operate *a the electoral 
roll for tho constituency. 



RULES FO& THE COUNCIL OF STATE 101 

Right to vote. 

8* Every person registered on the electoral roll for the time 
being in force for any constituency shall, while so registered, be> 
entitled to vote at an election of a member or members for that 
constituency : provided that no person shall vote in more than one 
general constituency. 

Nomination of candidates. 

9. (l) Any person may be nominated as a candidate for 
election in any constituency for which he is eligible for election 
under these rules. 

(2) On or before the date on which a candidate is nominated, 
the candidate shall make in writing and sign a declaration appoint- 
ing either himself or some other person who is not disqualified under 
these rules for the appointment to )> his election agent, and no 
candidate shall be deemed to bo duly nominated unless such declara- 
tion has been made. 

(3) A candidate who has withdrawn his candidature shall not 
be allowed to cancel the withdrawal or to be renominated as a 
candidate for the same election. 

Election. 

10. (l) If the number of candidates who are duly nominated 
and who have not withdrawn their candidature before such time as 
the Governor-General in Council may fix in this behalf exceeds that 
of the vacancies, a poll shall be taken. 

(2) if the number of such candidates is equal to the number of 
vacancies, all such candidates shall be declared to be duly elected. 

(3) If the number of such candidates is less than the number of 
vacancies, all such candidates shall be declared to be elected, and 
the Governor-General shall, by a notification in the Gazette of India, 
call for fresh nominations for the remaining vacancies, and if any 
3uch are received shall call upon the constituencies concerned to 
elect members to fill these vacancies. 

(4) Votes shall be given by ballot and in general constituencies 
in person. No votes shall be received by proxy. 

(5) in plural-member constituencies every elector shall have as 
many votes as there are members to be elected : provided that no 
elector shall give more than one vote to any one candidate except in 
the case of the Bombay (Non- Muhammad an) constituency, in which 
constituency an elector may accumulate all his votes on any one 
candidate or may distribute them among the candidates as he 
pleases. 

(9) Votes shall be counted by the Returning Officer, and any 
candidate, or, in the absence of the candidate, a representative t duly 

13 



102 QOVT. OF INDIA ACT 

authorised by him in writing, shall have a right to be present at the 

time of counting. 

(7) When the counting of the votes has been completed, the 
Returning Officer shall forthwith declare the candidate or candidates, 
as the case may be, to whom the largest number of votes has been 
given, to be elected. 

(8) Whore an equality of votes is found to exist between any 
candidates and the addition of one vote will entitle any of the 
candidates to be declared elected, the determination of the person 
or persons to whom such one additional vote shall be deemed to 
have been gi\ei. shall be made by lot to be drawn in the presence of 
the Returning OfhVi-i ,md in snoh manner as he may determine. 

(9) The Returning Oflirer shall without delay report, the result 
of the election to the Secretary to the Government of India in the 
Legislative Department, ami the name or names of the candidate or 
candidates elected shall bo published in the Gazette of India. 

Regulations regarding the conduct of election. 

1 1. The regulations for the time being in force in any province 
tor the purpose of elections to the Legislative Council of that 
province in regard to the following matters, namely, 

(1) the form and manner in and the condition on which 

nominations may be made, and for the scrutiny of nomi- 
nations. 

(2) the appointment of a Returning Officer for each constitu- 

ency and for his powers ami duties, 

(3) the division of general constituencies into polling areas 

and the appointment of polling stations for these areas, 

(4) the appointment of officers to preside at polling stations, 

and the duties of aich officers, 

(5) the checking of voters by reference to the electoral roll, 

(6) the manner in which votes are to be given both generally 

and in the case of illiterate voters or voters under 
physical or other disability, 

(?) the procedure to be followed in respect of tender of votes 
by persons representing themselves to be elecors after 
other persons have voted as such electors, 

(8) the scrutiny of >otes, 

(9) the safe custody of ballot papers and other election papers, 

the period for which such papers shall be preserved, and 
the inspection and production of such papers, and 

(10) the conduct of elections generally, 

shall apply for the purpose of the holding of elections within the 
tp the Council of State ; 



RttLBS POti THE COUNCIL OF STAtM 103 

Provided that, the Governor-General in council may, by 

notification in the Gazette of India, direct that such modifications 

and adaptations as he may specify shall be made in the application 

of those regulations. 

Multiple elections. 

12. (1) If any person is elected by more than one constitu- 
ency, he shall, by notice in writing signed by him arid delivered to 
the Secretary to the Government of India in the Legislative 
Department within seven t days from the date of the publication of 
the result 4 of such election in the Gazette of India, choose for which 
of these constituencies he shall serve, and the choice shall be 
conclusive. 

(2) When any such choice has been made, the Governor 
General shall call upon any constituency or constituencies for which 
such person has not chosen to serve to elect another person or 
persons. 

(3) If the candidate does not make the choice referred to in 
sub-rule (1) of this rule, the elections of such person shall be void, 
and the Governor-General shall call upon the constituency or consti- 
tuencies concerned to elect another person or persons. 

Disqualification for being an election agent. 

13. No person shall be appointed an election agent who 
is himself ineligible for election as being subject to the disqualifica- 
tion mentioned in sub-rule (3) of rule III. 

Return of election expenses, 

14. (1) Within one month or such longer period as the 
Governor General may allow after the date of the declaration of 
the result of the election, every candidate, either personally or 
through his election agent, shall cause to be lodged with the Return- 
ing pfficer a return of his election expense? containing the parti- 
culars specified in Schedule 111 to those rules. 

(2) Every such return shall contain a statement -of all payments 
made by the candidate or by his election agent or by any persons 
on behalf of the candidate or in his interests for expenses incurred 
on account of or in respect of the conduct and management of the 
election, and further a statement of all unpaid claims in respect 
of such expenses of which he or bis election agent is aware. 

(3) The return shall be accompanied by declarations by the 
candidate and his election agent which shall be in the form contain- 
ed in the said Schedule and shall be made on oath or affirmation 
before a Magistrate. 

(4) The Governor General in Council shall cause to be prepared, 
in such manner and maintained for such time as be may direct, 



iu* GOVT. OF INDIA ACT 1919 

a record showing the names of all candidates at every election 

under these rules and the date on which the return of election 

expenses of each candidate has been lodged with the Returning 

Officer. 

Accounts of Agents. 

15. Every election agent shall keep regular books of account 
in which the particulars of all expenditure of the nature referred 
to in rule XIV shall be entered, whether such expenditure is 
incurred by the candidate or by the election agent or by any person 
under the direction of the candidate or the election agent. 

General disqualifications for nomination. 

16. (1) Save as expressly provided in these rules in .regard 
to the nomination of a person elected in Berar, no person shall 
be nominated to the Council of State who 

(a) is not a British subject ; or 

(b) is a female ; or 

(c) is already a member of any legislative body constituted 

under the Act ; or 

(d) having been a legal practitioner has been dismissed or is 

under suspension from practising as such by order of any 
competent court ; or 

(e) has been adjudged by a competent court to be of un- 

sound mind ; or 

(/) is under 25 years of age ; or 

(g) is an undischarged insolvent ; or 

(A) being a discharged insolvent has not obtained from the 
court a certificate that his insolvency was caused by mis- 
fortune without any misconduct on his part : 

Provided that, if the ruler of a State in India or any subject 
of such a State is not disqualified for nomination to the Legislative 
Council of a province, such ruler or subject shall not by reason of 
not being a British subject bo disqualified for nomination to the 
Council of State to represent that province r 

Provided further, that the disqualification mentioned in clause 
(d) may bo removed by an order of the Govern or- General in Council 
in this behalf* 

(2) A person against whom a conviction by a criminar court 
involving a sentence of transportation or imprisonment for a period 
of more than six months is subsisting shall, unless the offence f 
which he was convicted has been pardoned, not be eligible <r 
nomination for five years from the date of the expiration of ue 
sentence. 



HULKS FOK THE COUNCIL OF STATE 106 

(3) A person who Iras been convicted of any offence under 
Chapter IX- A of the Indian Penal Code punishable with imprison- 
ment for a term exceeding six months or bus been reported .by 
Commissioners holding an election inquiry as guilty of a corrupt 
practice as specified in Part I, or in paragraph 1, 2 or 3 of Part II, 
of Schedule IV to these rules, shall not be eligible for nomination 
tor five years from the date of such conviction or of the finding of 
the Commissioners, as the ctse may be ; and a person reported by 
such Commissioners, to be guilty of any other corrupt practice shall 
be similarly disqualified for three years from such date. 

(4) A person, who having been a candidate or an election agent 
at an election has failed to lodge the return of election expenses 
prescribed in these rules or has lodged a return which is found either 
by Commissioners holding an inquiry or by a Magistrate in a 
judicial proceeding to be false in any material particular, shall not 
be eligible for nomination for five years from the date of the 
election : 

Provided that, either of the disqualifications mentioned in sub- 
rules (3) and (4) of. this rule may be removed by an order of the 
Governor General in Council in that behalf. 

Terms of office of nominated members. 

17* (I) A nominated non-official member shall hold office 
for the duration of the Council of State to which he is ?)ominated. 

(2) Official members shall hold office for the duration of the 
Council of State to which they are nominated or for such shorter 
period as the Governor General may, at the time of nomination, 
determine. 

Taking of oath. 

18. Every person who is elected or nominated to be a 
member of the Council of State shall, before taking his seat, make 
at a meeting of tho Council of State an oath or affirmation of bis 
allegiance to the Crown in the following form, namely ; 

elected 
I, A. B. bavidg been n ' ra i ua ted a meDJ bfr of this Council do 

solemnly 9 wear [or affirm] that 1 will be faithful and bear true alle- 
giance to his M;ijt>8ty the King, Emperor of India, His heirs and 
suoredHow, ai.d that I will faithfully discharge (he duty upon which 
I am about to enter. 

Effect of subsequent disabilites or failuie to t*ke oath. 

19. If any perton having been elected or nominated subse- 
quently becomes subject to any of the disabilities stated in clause 
("), (rf) (), (0), *.d (h) of sub-rule (l) or in sub-rules (2), (3) and 
[4] of rule ill or of rule XVI, as the case may be, or fail* to make 



106 GO VI. OF INDIA ACT 1919 

the oath or affirmation pretcribed by rule XVIII within such time 

as the Governor-General considers reasonable, the Governor General 

shall, by notification in the Gazette of India, declare his seat to be 

vacant. 

Vacancies. 

20. [l] When a vacancy occurs in the case of an elected 
member by reason of his election being declared void or his 
seat being declared vacant, or by reason of absence from India, 
inability to attend to duty, death, acceptance of office or resignation 
duly accepted, the Governor General shall, by notification in the 
Gazette of India, call upon the constituency concerned to elect a 
person for the purpose of filling the vacancy within such time as 
may be prescribed by such notification. 

[2] If a vacancy occurs in the case of a nominated member, 
the Governor General shall nominate to the vacancy a person having 
the necessary qualification under these rules* 

First Constitution of Council of State. 

21. [l] As soon as conveniently may be after these rules 
come into force, a Council of State shall be constituted in accordance 
with their provisions. 

[l] For this purpose the Governor General shall, by notification 
in the Gazette of India, call upon the constituencies referred to in 
rule II to elect members in accordance with these rules within such 
time as may be prescribed by such notification, and shall make such 
nominations as may be necessary to complete the Council of State 
before the date fixed for its first meeting. 

(3) If any difficulty arises as to the preparation or publication 
of the first electoral roll or the holding of the first elections after the 
commencement of these rules, the Governor General in Council may 
by order do any matter or thing which appears to him necessary for 
the proper preparation or publication of the roll or for the proper 
holding of the elections. 

Reconstitution of Council of State General Elections, 

22. (l) On the expiration of the duration of a Council of 
State or on its dissolution, a general election shall be held in order 
that a new Council of State may be constituted. 

(2) On such expiration or dissolution, the Governor General 
shall, by notification in the Gazette of India, call upon the consti- 
tuencies referred to in rule II to elect members in accordance with 
those rules within such time after the date of expiration or dissolu- 
tion as may be prescribed by such notification. 

Provided that, if the Governor General thinks fit, such notifica- 
tion may be issued at any time not being more than three months 



RULES FOR THE COUNCIL OF STATE 107 

prior to the date on which the duration of the Council of State 
would exercise in the ordinary course of events. 

(3) Before the date fixed for the first meeting of the Council of 
State, the Governor General shall make such nominations as may be 
necessary to complete the Council of State. 

Publication of result o! General election. 

23. As soon as may be after the expiration of the time 
fixed for the election of members at any general election, the names 
of the members elected for the various constituencies at such election 
shall be notified in the Gazette of India. 



List of Constituencies for 

The Imperial Legislative Assembly 

Madras- 1 16 

Madras, City, Non->'uharnmadan, Urban 
Dihtrictw, Non Muhammadan Kural 

(ianjnin cum VixagapnUmt Distnrt 

trodavH'i cum Kistua . 

Guntur oum N lloro ... t " 

Chittoor cum Cded Dists I \uantpui, I'M Han ' Cuddapah, Kurnonl > 

Salem, Coimbatoiv cum North Arcot 

Chiugleput cum South Arcot 

Tan joro cum Tr i ch i no poly 

Madura, Ivamnad cum Tmucully 

Nilgins and Wt-bt Coast [Malabar, Anjtrgo, S. Canara] 
Muhammadan Cuiibtituencies 

North Madras [Ganjam, Vizgapatam, Go*lavan, Kifetna, Guntur 

Nellvre, Auantpur, Bcllavy, Cuddapah, Kuinotl an<l Chittoi r] ... 
South Madras fClungleput, Madras, Arcot, N. & S., Coimbatoro 

Tanjore, Trichinopoly, Madura, Kamiia<!, Tin 
Nilgim and W. Coast [Malabar, Anjon^o, S ( i 

LandhuMcrs in l'Ttidency ... 
Indian Commerce in Fresidtncy 

Bombay 1 

Bombay City Non Muhammadriu Urban 
Muhammadan, Urban ... 

Sind Non-Mulmmma 'an 

Muhammadau 
Non-Muliammadan Hural 
Northern Divibiou 
Southern Divibiou 
Central ,, 
Europeans in Presidency 
Indian Merchant*' Chamber 

Bengal 15 

Calcutta, Non-Mubaramadan, Urban 



tn 

f floogiy, Hosvrah, 24 Pargaua Dint Municipal.] ... ... I 

Rural, Presidency Diviiou 1 
pon Muhammadan Rural 

Buidwah Division, excluding Hoogly and Howrah Diet. .. 1 

Dacca Ditiaion ... ... ... 4 

Chittaconff Raisbahi Division ... .*. <* I 



LIST OF CONSTITUENCIES 109 

Muhammadan Urban- 
Calcutta and suburbs [Hoogly, Howrah, 24 Parganas District] ... I 

Muhammadan Rural 

Burdwan and Calcutta Presidency Division 
Dacca Division 
Chittagong Division 
Kajbhahi Division ... 

European Bengal Presidency 

Landholders Bengal 

Indian Chambers of Commerce 

United Provinces 16 

Non-Muhamraadan Urba n 

Cities of U. P. [Agra, Meerut, Cawnpore, Benares, Allahabad, Bareilly, 
Lucknow] ... ... ... ... ... I 

Non-Muhammadan Rural 

Meerut Division [excluding Municipality and Cantonment] ... 1 
Agra ... ... ... .. 1 

Uohilkhand and Kumaon Division ... ... .. 1 

Allahabad Jhansi Division ... ... ... .. 1 

Benares Gorakhpur Division ... ... .. 1 

Lucknow Division ... ... ... .. 1 

Fyzabad Division ... ... ... .. 1. 

Muhammadan Urban 

Cities of U. P. [Agra etc. as above] ... ... ... I 

Muhammadan Rural 

Meerut Division [excluding Municipal and Cantonment.] ., , 1 

Agra 

Rohilkhand and Kumaon Division 



Lucknow and Fyzabad ,, ... 

U. P.- Southern Division [Allahabad, Benares, Gorakhpur] 



European U. P. 



Landholders U P. ... ... ... ... ... , I 

Punjab 12 

Non-Muhammadan 

Ambala Division ... ... ... ... 1 

Jullundur Division ... ... ... ... 1 

West Punjab [Lahore, Rawalpindi, Mnltan] Division' ... 1 

Muhammadan 

East Punjab [Ambala, Kangra, Hrohiarpur, Jullunder, 

Ludhiana] ... ... ... ... ... 1 

East Central Punjab [Ferozepur, Lahore, Amritsar and Gurdaspur 1 
West Central Punjab [Sialkot, Gujranwala, Sheikhupura and 

Lyallpur .. ... ... .. ... 1 

North Punjab [Gujrat, Jhelnm and Rawalpindi] ... ... I 

North- West Punjab [Attock, Mianwali, Shah pur and Jhang ... 1 
South-West Punjab [Multan, Montgomery, Muzaffargarh and 

Dera Ghazi Khan ... ... ... ... 1 

Sikh 

East Punjab [Ambala and Jullundur Division] ... ... 1 

West Punjab [Lahore, Rawalpindi and Multan] ... ... 1 

Punjab Landholders [The Province of the Punjab],. j ,,. ... 1 

14 



110 LEGISLATIVE ASSEMBLY 

Bihar and Gritsa 12 

Non-Muhammad an- 

Tirhut Division ... ... ... ... ... 2 

Orissa Division ... ... ... ... ... 2 

Patna cum Shahabad ... ... ... ... 1 

Gaya cum Monghyr ... ... ... ... 1 

Bhagalpur, Purnea and the Santhal parganas 
Chota Nagpur Division 

Muhammadan 

Patna and Chota Nagpur cum Orissa 
Bhagalpur Division 
Tirhut Division 

Bihar and Orissa Landholders 

Central Provinces 5 

Non-Muhammadan 

Nagpur Division ... ... ... ,.. ... 1 

Central Provinces Hindi Division [The Nerbada, Jubbulpnr and 

Chliatisgarh Divisions ... ... ... ... 2 

Mahammadan-Central Provinces ... ... ... ... 1 

Central Provinces Landholders ... ... ... I 

Assam -4 

Non-Muhammadan 

Assam Valley ... ... ... ... ... i 

Surma Valley cum Shillong ... ... ... ... i 

Muhammadan 

Assam Muhammadan ... ... ... ... j 

Assam European ... ... ... ... ... j 

Burma 4 

Burma Non- European ... ... ... ... .^. ;*,>$ 

Burma European ... ... ... ... . fl . .j 

//. List of Constituencies entitled to representation in rotation. 

f Sind Huhammadan Rural *) 

Bombay <j ^ , 

t Bombay Northern Division do J 

f Bombay Central Division do 1 

Ditto ^ ! , 

t Bombay Southern Division do j 

f Sind Jagirdar & Zamindars Landholders 1 

Ditto J ' I j 

[ Oujrat & Dccoan Bardars & Inamdars do J 

f The Bom. Millowners 1 Association Indian Commerce 1 

Ditto* < I . , 

LTheAhmedabad j 

f Bengal Chambers of Commerce 1 

Bengal -| Marawari Association l 

t Bengal MahajnSabh. '' | 



LIST OF CONSTITUENCIES^ Hi 

III. In a case where two constituencies are bracketed together as entitled 
to elect one member, the constituency first mentioned shall elect to the first 
Legislative Assembly, at the general election and at all bye-elections so long 
as the first Legislative Assembly continues, and the constituency second 
mentioned shall elect at the general election to the next Legislative Assembly 
and at bye-elections in like manner, and thereafter the constituencies shall 
elect in like manner in rotation to succeeding Legislative Assemblies. 

IV. In the case where three constituencies are bracketed together as 
entitled to elect one member, the constituency first mentioned shall elect to 
the first Legislative Assembly at the general election and at all bye-elections 
so long as. the first Legislative Assembly continues, and the second mentioned 
constituency shall elect at the general election to the next Legislative Assembly 
and at bye-elections in like manner, and the third mentioned constituency 
shall elect at the general election to the third Legislative Assembly and at 
bye-olectins in like manner, and thereafter the constituencies shall elect in 
like manner in rotation to succeeding Legislative Assemblies. 



List of Constituencies for 

The Council of State 



Province. Name of Constituency. 

Madras Madras Non-Muhamraadan. 

Ditto Madras Muhammadan. 

Bombay Bombay Non-Muhammadan. 

Ditto Bombay Presidency Muhammadan. 

Ditto Sind Muhammadan. 

Ditto Bombay Chamber of Commerce. 

Bengal East Bengal Non-Muhammadan. 

Ditto West Bengal <lo 

Ditto East Bengal Muhammadan 

Ditto West Bengal do 

Ditto Bengal Chamber of Commerce. 

United Provinces United Provinces 

Central Non-Muhammadan 
do United Provinces Northern 

Non-Muhammadan 

do United Provinces Southern 

Non-Muhammadan 
do United Provinces West 

Muhammadan 

do United Provinces Bast 

Muhammadan 



No. of 

Members. 

4 

1 

*T~ 

I 

1 

1 

1 

2 

1 

1 



L 

1' 

1 

1 

1 



112 THE COUNCIL OF STATE 

No. of 
Province. Name of Constituency. Members. 

Punjab Punjab (Non-Muhammadan) 1 

Do Punjab Sikh 1 

Behar and Orissa Behar and Orissa Non-Mulianiniadari. 2* 

Do. Muhammadan. 1, __ 

Central Provinces Central Provinces. 1 ^ 

Burma Burma. f 

Do Burma Chamber of Commerce. ]___ 

Punjab. East Punjab Muhammadan ] 

Do. West do. do. )>... 2 * 
Bihar & Orissa Piihar & Ori&sa Non-Muhammadnn. J 

Assam Assam Non-Muhammadan I 

}>... I 
Ditto. do Muhammadan J 

III. In the case where two constituencies are bracketed together as entitled 
to elect one member, the constituency first ircutionerl shall elect to the first 
Council of State at the gcneial election and at all bye-elections so long as the 
tirttt Council of State continues, and the second-mentioned constituency shall 
elect at the general election to the next Council of State and at all bye-elections 
in like manner, and thereafter the constituencies shall elect in like manner in 
rotation to succeeding Councils of State. 

LV. In the case where three constituencies are bracketed together as 
entitled to fleet two members, the two first-mentioned constituencies shall each 
elect a member to the first Council oi' State at the general election and the 
constituency affected shall elect at any bye-election so long as the first Council 
of State continues, and for the purposes of the general election to the second 
Council of State and bye-eb ctions occuiring during the continuance of that 
Council the two first-mentioned constituencies shall bo deemed to be one consti- 
tuency and the members shall bo elected, one by those constituencies combined 
and the other by the third-mentioned constituency, or, in the case of a bye- 
election, by those constituencies or that constituency, as the case may be, and 
thereafter the constituencies shall elect in like manner in rotation to succeeding 
Councils of State. 



* NOTE The Bihar and Orissa (non-Muhammadan) constituency is entitled 
to elect a third member to the second, fourth and succeeding alternate Councils 
of State. 



Devolution Rules 

In exercise of the poicfr* conferred ly Action. J{< r > A (ttnJ ^tthm 1 29 A 
uj the Government of India Act, the Gowrnw-Genrrul in Council, v i 'th 
the sanction of the Secretary of State in Cowuil, i< pleaml to make the 
j'olloa iny nil?* : 

Short title and Definitions. 

1. These rules may be called the Devolution Rules. 

2. In these rules, unless there is anything repugnant in tho 
subject or context 

(a) " all-India Revenues " means such portion of the revenues 
of India as is not allocated to local Governments under these rules ; 

(b) "Schedule" means a Schedule to thse rules ; 
(r) "the Act" means the Government of India Act. 

Part I. Classification of Subjects. 

3. (1) For the purpose of distinguishing the functions of 
local Governments and local legislatures from the functions of the 
Governor General in Council and the Indian legislature, subjectH 
shall be classified in relation to the functions of Government as 
central and provincial subjects in accordance with the lists st 
out in Schedule I. 

(2) Any matter which is included in the list of provincial 
subjects set out in Part II of Schedule I shall, to the extent of such 
inclusion, be excluded from any central subject of which, but for 
such inclusion, it would form part. 

Settlement of doubts. 

4. Where any doubt arises as to whether a particular matter 
does or does not relate to a provincial subject the Governor-General 
in Council shall decide whether the matter does or does not .<=o 
relate, and his decision shall be final. 

Duty of local Government to supply information. 

5. The local Government of a province shall furnish to tho 
Governor General in Council from time to time such returns and 
information on mattets relating to the administration of provincial 
subjects as the Governor General in Council may require and in such 
form as he may direct. 

Transfer of subjects and revocation or suspension of transfer. 

6. The provincial subjects specified in the first column of 
Schedule II shall, in the provinces shown against <wh subject in the 

15 



114 GOVT. OF INDIA ACT 1919 

second column of the said Schedule, be transferred subjects provided 
that the Governor General in Council may, by notification in the 
Gazette of India, with the previous sanction of th? Secretary of 
State in Couneil* revoke or mispeu^ to* ftuch, period as he may 
consider necessrfry tbb transfer* "of any i*rt>V5ncfal subject in any 
province, and upon such revocation or during such suspension thfc 
subject shall not be a transferred subject. 

7. If any doubt arises as to whether any matter i elates to a 
foservod or to a transferred subject, the Governor shall decide the 
question, and his decision shall be final. 

8. Where an Act of the Legislative Council of a Governor's 
province confers on local authorities powers of the management of 
matters relating to reserved subjects, those matters shall, t& the 
extent of the powers conferred by such legislation, be deemed in 
that province to form part of the transferred subject of local self- 
government. 

9. (I) When a matter appears to the Governor to affect sub- 
stantially the administration both of a reserved and of a transferred 
subject, and there is disagreement between the Executive Council 
and the ministei concerned as to the action to be taken, it shttll bo 
the duty of the Governor, after due consideration of the advice 
tendered to him, to direct in which department the decision a* to such 
action shall be given : provided that, in so far as circumstances admit, 
important matters on which there is such a difference of opinion shall, 
lie fora the giving of such direction, be considered by the Governor 
with his Executive Council and his miftisters together. 

(2) In giving such a direction as is referred to in sub-rule (l) r 
the Governor may, if he thinks fit, indicate the nature of the action 
which should in his judgment be takea, but the decision shall 
thereafter be arrived at by the Governor in Conncil or by the 
Governor and minister according as the department to which it has 
been committed is a department dealing with reserved or a depart- 
mont dealing with transferred subjects. 

10. The authority vested in the local Government over officers 
of the public services employed in a province shall be exercised in 
the case of officers serving 'in a department dealing with reserved 
subjects bjr fhe Governor irt Council and rft the c&se'of officers serving 
if a cldjtarhfeeftt dealing with transferred Objects by thfc Qovtrftftr 
acting with the minister frr clmrge of tfcfc department : pnrtftfed 
that 

(a) no order affecting emoluments or peitalrdrts, no drdbr' of 
formal cewmfre, and' tffc dftter <wi a teemorkl A*ft be pu&sfc! 1 fcp the 
disadvantage of an officer of ait All-India or provincial service itith- 



FINANCIAL 1>E VOL UTWN U CLES I i 5 

(b) no order for the posting of an officer of an all-India service 
shall be made without the personal concurrence of the Governor. 

11. An officer shall be deemed to be serving in that depart- 
ment ,which controls the budget-head to which his pay is debited. 
If he performs duties both in a department dealing with reserved 
and in a department dealing with transferred subjects, the Governor 
shall decide to which budget-head his pay shall bo debited. 

Devolution. 

12. Subject to the provisions of those rules, provincial subjects 
shall be administered by the local Government. But, save in the case 
of transferred subjects, nothing in these rules shall derogate from tho 
power lOf superintendence, direction and control conferred on tho 
Governor General in Council by the Act. 

Part II. Financial arrangement*. Allocation of revenue. 

13. The following sources of revenue shall be allocated to local 
Governments as sources of provincial ro venue, namely : 

(a) balances standing at the credit of tho province at the time 
when the Act comes into force ; 

(I) receipts accruing in respect of provincial subjects ; 

(c) General stamps ; 

(d) recoveries of loans and advances given by -the local Govern* 
ment and of interest paid on such loans ; 

(e) Payments made to the local Government by the Governor 
General in Council or by other local Governments, either for services 
rendered or otherwise ; 

(/) the proceeds of any taxes which may be lawfully imposed 
for provincial purposes ; 

(d) the proceeds of any loans which may be lawfully raised for 
provincial purposes ; and 

(4) any othor sources which fcho Governor General in Council 
may by order declare to bo sources- of provincial revenue. 

Payment of Government revenues into the public account. 

14. All moneys derived from sources of provincial revenue shall 
be paid into the public account, of whiph the Governor General ip 
Council is custodian, and credited to the Government of the 
province ; and no moneys so credited shall be withdrawn from the 
public account save in accordance with the provisions of a law passed 
by the Indian Legislature, 

Provincial Contributions. 

15. In the fuiancial y ar 1921-22 contributions sbaJl be paid 
to, \fche GoverJK>r General in Council by the looel Governments men- 
tioned below according to the following scale ; 



116 



GOVT. OF INDIA ALT 1H19 
Name of Province. 



Bombay 

Bengal 

United ProvinceH 

I'unjab 

(kmna 

Central Provinces and Ik-rur 

Assam 



Contribution 

(In lakhb tf 

rupees.) 

348 

56 

-03 
2411 
175 

64 

22 

15 



16. From the Financial year 1922-23 onward^ a total contri- 
bution of 983 lakhs, or such smaller um as may be determined by 
the Governor General in Council, shall be paid to the Governor 
General in Council by the local Governments mentioned below. The 
percentage of this total amount to be paid in each year by each local 
Government shall be according to the following scale : 

Name of Province. 



,M 

Bombay 

Bengal 

United Province 

Punjab 

Burma 

Bihar and Oriswi 

Central I'lovinces 

Afinam 



li>22- 1023- 
23. 24. 

32-5 29 -r> 



1924- 
25. 

26-5 



1025- 
26. 

23 



7 8 


y-r> 


10-5 


8-5 10-5 


i2-r> 


15 


23-5 22-5 


21 


20 


16-5 l 5 


13-5 


12 


v> 0-5 


6-5 


0-3 


1 -o 3 


r> 


7 


Borav 2-r> 3 


3-5 


^ 


1-5 2 


2 


2 



1J>26- 
27. 

20 

12 

17 

IU 

10-5 

6-5 

8-5 

4-5 

2 



1927-28 ami 
thereafter. 

17 
13 
li> 
18 
9 

6-5 

10 

5 

2-5 



17. In cases of emergency the local Government of ^ny pro- 
vince may be required by the Governor General in Council, with the 
sanction of, and subject to conditions approved by, the Secretary 
of State, to pay to the Governor General in Council a contribution 
for any financial year in excess of the amount required by the prece- 
ding rules in the case of that year. 

18. The contributions fixed under the preceding rules shall be 
a first charge on the allocated revenues and moneys of the local 
Governments concerned, and shall be paid in such instalments, in 
such manner, arid on such dates, as the Governor General in Council 
*nay prescribe. 

19. At any time when he considers this course to be essential 
ia order to preserve the financial stability of India, the Governor 
General in Council shall have power to require a local Government 
so to regulate its programme of expenditure as not to reduce the 
balance at its credit in the public account on a specified date below 
* stated figure. Subject to this power, local government* shall be 



i-lNANLlAL DEVOLUTION JKULKH 1 i 7 

at liberty to draw oti their balances, provided that notice of the 
amount which they propose to draw during the ensuing financial year 
is given to the Governor General in Council before such date in each 
year as the Governor General in Council may by order fix. 

20. Whenever the Governor General in Council has, on receipt 
of due notice of the intention of the local Government to draw on its 
balances, required it to reduce the extent of the proposed draft, he 
shall, at the end of the financial year in which the local Government 
is debarred from drawing, credit the local Government with interest 
on the amount which it was not permitted to draw. Such interest 
shall be a charge on the revenues of India and shall be calculated at 
the average rate at which the Governor General in Council has 
borrowed money in the open market during the year by the issue of 
treasury bills. 

21. Any moneys which, on the 1st day of April 1921 are owed 
to the Governor General in council on account of advances made from 
the provincial loan account of any province, shall be treated as an 
advance to the local Government from the revenues of India, and 
shall carry interest at a rate calculated on the average rate carried 
by the total amount owed to the Governor General in Council on 
this account on the 31st March 1921. The interest shall be payable 
upon such dates as the Governor General in Council may fix. In 
addition, the local Government shall pay to the Governor General in 
Council in each year an instalment in repayment of the principal 
amount of the advance, and this instalment shall be so fixed that the 
total advance shall, except where for special reasons the Governor- 
General in Council may otherwise direct, be repaid before the expiry 
of twelve years. It shall be open to any local Government to repay 
in any year an amount in excess to the fixed instalment. 

22. (7) The capital sums spent by the Governor General in 
Council upon the construction in the various provinces of productive 
and protective irregation works and such other works financed 
from loan funds as may from time to' time be handed over to the 
management of local Governments shall be treated as advances made 
to the local Governments from the revenues of India. Such advances 
shall carry interest at the following rates, namely : 

(a) in the case of outlay up to the end of the financial year 
1916-17, at the rate of 3*3252 per centum ; * 

(1) in the case of outlay incurred alter the financial year 1916- 
17, at the average rate of interest payed by the Governor General in 
Council on loans raised in the open market since the end of that year. 

(2) The interest shall be payable upon such dates, as the 
Governor General iu Council may fix. 



iks tiOVT. OP INDIA ACT 

23. The Governor General in Council may at any time rwalye 
to a local Government an advance from the revenues oi India on 
fiuoh terms as to interest and repayment as he may think fit. 

24. The payment of interest on loans and advances made 
under the three preceding rules and the repayment of .the principal 
of an advance under rule 21, shall be a charge on the annual allocat- 
ed revenues of the local Government, and shall have priority over 
all other charges, save only contributions payable to the Governor 
General in Council. 

25. (/) Subject to the rules contained in Schedule III, the 
local Government shall have full power to sanction expenditure on 
provincial subjects 

(a) in the case of grants voted by the legislative Council to the 
full extent of such grant, and 

(b) In the case of the heads of expenditure enumerated .in sec- 
tion 72D (3) of the Act, to any extent, 

(2) Sanctions once given under clause (a) of sub-rule (/) shall 
remain valid for the specified period for which they are given, spb- 
ject to the voting of grants in each year. 

Delegation of powers of sanction. 

26. Any powers conferred by rule 25 upon the Governor in 
Council or the Governor acting with ministers may, after previous 
consultation with the Finance Department hereinafter referred to, 
be delegated, with or without conditions, to any officer subordinate 
to the local Government. Such officer may not in his turn delegate 
such powers to any officer subordinate to him. 

Famine Insurance Fund. 

?7. Each local Government shall establish and maintain out of 
provincial revenue* a famine insurance fund in accordance with the 
provision of Schedule IV, and such fund shall be controlled and 
administered as required by those provisions. 
Taxation and borrowing. 

28. All proposals for raising taxation or for the borrowing .of 
money on the revenues of a province shall be considered by the 
Governor with his Executive Council and ministers sitting together, 
but the decision shall thereafter be arrived at by the Governor in 
Council, or by fcuo C^vornor and minister or ministers concerned, 
according as the proposal relates to a reserved or to a transferred 
subject. 

Allocation of revenue* for the administration of transferred s ubjects. 

29. Expenditure for the purpose of the administration 4>f 
transferred subjects shall, in the first instance, be a charge on the 
general revenues and balances of each province, and the 



FINANCIAL DEVOLUTION ItULES 119 

of proposals for expenditure in regard to transferred and reserved 
subject* will be * matter for agreement between that part df> the 
government which is responsible for the administration of transferred 
subjects and that part of the government which is responsible for the 
administration of reserved sulyects, 

Procedure in event ol failure to agree. 

30. If the Governor is at any time statisfted that there is no 
hope of an agreement being arrived at within a reasonable time as 
to the framing of proposals in regard to expenditure for reserved and 
transferred subjects respectively, he may by order in writing allocate 
the revenue and balances of the province between reserved and 
transferred subjects by specifying the fractional proportions of the 
revenues and balances which shall be aligned to each cl:ws of 
suhj< ct. 

Period of order of allocation. 

31. Every such order shall specify the period for which the 
allocation will remain in force. Such period shall be either the 
period of the office .of the then existing Legislative Council' or such 
longer period terminating at a date not later than one year after 
the expiration thereof as the Governor may determine. The 
Governor may, if he thinks fit, before making an order of allocation, 
refer the question of the allocation of the revenues and balances of 
the province for the , re port of such authority as the Governor 
General may appoint in this behalf, and tho Governor, if he so refers 
the matter shall make his order in accordance with the terms of 
the report. 

Condition of order of allocation. 

32. Every order of allocation made uhder these rules shall 
provide that, if any increase of revenue accrues during tho period 
of the order on account of the imposition of fresh taxation, that 
increase unless the legislature otherwise directs, shall be allocated 
in aid of that part of the Government by which the taxation is 
initiated. 

Preparation of budget in default of agreement or order of allocation , 

33. If at the time of the preparation of aj>y budget no agreement 
of allocation such as is contemplated by these rules has been arrived 
at, the budget shall be prepared on the basis of the aggregate grants 
respectively provided for the reserved and transferred subjects in the 
budget of the year about to expire. 

Part iiLr-Fraftttc* Department. 

34. (l) There shall be in each Governor'* pro* mce & Finai.eo 
Department, which shall be controlled by a member of the Executive 
Council. 



120 QOPT, OF INDIA ACT 

(#) Immediately subordinate to the member there shall be i 
financial secretary, with whom shall be associated, if the minister* 
so desire, a joint secretary appointed by the Governor after consul 
tation with the ministers. 

(3) The joint secretary shall be specially charged with the dutj 
of examining and dealing with financial questions arising in relatior 
to transferred subjects and with proposals for taxation or borrowing 
put forward by any minister. 

Function of Finance Department. 

35. The Finance Department shall perform the following func 
frions, namejy : 

(a) it shall be in charge of the account relating to loans granted 
by the local Government, and shall advise on the financial aspect ol 
all transactions relating to such loans ; 

(b) it shall be responsible for the safety and proper employment 
of the famine insurence fund ; 

(c) it shall examine and report on all proposals for the increase 
or reduction of taxation ; 

(d) it shall examine and report on all proposals for borrowing 
by the local Government : shall take all steps necessary for the 
purpose of raising such loans as have been duly authorised : and 
shall be in charge of all matters relating to the service of loans : 

(c) it shall be responsible for seeing that proper financial rules 
are framed for the guidance of other departments and that suitable 
accounts are maintained by other departments and establishments 
subordinate to them ; 

(/) it shall prepare an estimate of the total receipts and dis- 
bursements of the province in each year and shall be responsible 
during the year for watching the state of the local Government's 
balances ; 

(0) in connection with the budget and with supplementary 
estimates 

(1) it shall prepare the statement of estimated revenue and 
expenditure which is laid before the Legislative Council in each year 
and any supplementary estimates or demands for excess grants which 
may be submitted to the vote of the Council ; 

(H) for the purposes of such preparation, it shall obtain from 
the departments concerned material on which to base its estimates, 
and it shall be responsible for the correctness of the estimates framed 
on the material ao supplied ; 

(Hi) it shall examine and advise on all schemes of new expendi- 
ture for which it is proposed to make provision in the estimate**, 



FINANCIAL DEVOLUTION RULES 121 

and shall decline to provide in the estimates for any scheme which 
has not been so examined ; 

(k) on receipt of a report from an audit officer to the effect 
that expenditure for which there is no sufficient sanction is being 
incurred, it shall require steps to be taken to obtaim sanction or 
that the expenditure shall immediately cease ; 

(i) it shall lay the audit and appropriation reports before the 
committee on public accounts, and shall bring to the notice of tho 
committee all expenditure which has not been duly authorised and 
any financial irregularities ; 

(j) it shall advise departments responsible for the collection 
of rvenue regarding the progress of collection and the methods of 
collection employed. 

Powers of Finance Department. 

36. (/) After grants have been voted by tho Legislative 
Council, the Finance Department shall have power to sanction 

(1) any reappropriation within a grant from one major or 
minor head to another, 

(ii) any reappropriation between heads subordinate to a minor 
head which involves the undertaking of a recurring liability, and 

(in) any delegation by a member or minister in charge of a 
department to any officer dr class of officers of power to mako 
reappropriation between heads subordinate to a minor head, and 
the conditions of such delegation, 

and no such reappropriation or delegation shall be made without 
such sanction. 

(2) Copies of orders sanctioning any reappropriation which 
does not require the sanction of the Finance Department shall bo 
communicated to that department as scon as such orders are passed. 

37, No expenditure on any of the heads detailed in section 
72D. (3) of the Act, which is in excess of the estimate for that 
head shown in the budget of the year, shall be incurred without 
previous consultation with the Finance Department. 

33. No office may bo added to, or withdrawn from, tho public 
service in the province, and the emoluments of no post may be vari- 
ed, except after consultation with the Finance Department ; and. 
when it is proposed to add a -permanent or temporary post to the 
pubiic service, the Finance Department shall decide to what cadre 
the proposed post will form an addition. 

39. No duty allowance, local allowance or travelling allowance 
and too personal pay shall be sanctioned for any post or class of posts 
without previous consultation with the Finance Department. 

iG* N<> grant of land or assignment of land revenue, except 
Ifben the grant is made under the ordinary revenue rules of the pro- 

16 



122 OOFT. OF INDIA ACT 1919 

vince, shall bo given without previous consultation with the Finance 
Department, and no concession, grant or lease of mineral or forest 
rights, of right to water power or of right-of-way or other easement, 
and no privilege in respect of such rights shall be given without such 
previous consultation. 

Abandonment of revenue* ect 

41. No proposal involving an abandonment of revenue for which 
credit has been taken in the budget, or involving expenditure 
for which no provision has been made in the budget, shall be submit- 
ted for the consideration of tho local Government or the Legislative 
Council, nor shall any orders giving effect to such proposals issuo, 
without a previous reference to the Finance Department. 

Disposal of reports by Finance Department. 

42. Every report made by the Finance Department on any 
matter on which it is requiied to advice or report under these rules 
Khali be forwarded to the department concerned and shall, if the 
Finance Department so require, be submitted by the department 
concerned to the Governor. The Governor may, if he thinks fit, 
direct that any such report shall be laid before the committee on 
public accounts. 

Presumption of assent of Finance Department. 

43. Wherever previous consultation with the Finance Depart- 
ment is required by these rules, it shall be open to that Department 
to prescribe, by general or special order, cases in which its assent 
may be presumed to have been given. 

Agency Employment of Local Governments. 

44. The Governor General in Council may employ the agency 
of tho Governor in Council of any province in the administration of 
central subjects in so far as such agency may be found convenient. 

Cost of agency establishment. 

45. The cost of an establishment exclusively employed on the 
business of agecy shall be a charge against all-India revenues. 

Distribution of cost of joint establishment. 

46. If a joint establishment is employed upon the administra- 
tion of central and provincial subjects,, the cost of such establishment 
may be distributed in such manner as the Governor General in Coun- 
cil and the Governor in Council of the province concerned may 
agroo. 

Part IV. Limitation of contvol by Governor General in Ccunci) 
over transferred subjects. 

47. The powers of superintendence, direction and control over 
the local Government vested in the Governor General in Council 



THE (JEKTRAL SUBJECTS 12;J 

under the Act shall, in relation to transferred subjects, bo exercised 
only for the following purposes, namely : 

(1) to safeguard the administration of central subjects ; and 

(2) to decide questions arising between two provinces, incases 
where the provinces concerned fail to arrive at an agreement. 

SCHEDULE L 

SEE 1WLE 3 A1MVK 
PART I. CENTRAL SUBJECTS. 

1. (a) Defence of India, and all matters connected with ills 
Majesty's Naval, Military and Air Forces in India, or with His 
Majesty's Indian Marine Service or with any other Force raised in 
India other than military and armed police wholly maintained by 
local Governments. 

(I) Naval and military works and cantonments. 

2. External relations, including naturalisation and aliens, and 
pilgrimages beyond India. 

3. Relations with States in India. 

4. Political charges. 

5. Communications to the extent described under I he follow- 
ing heads, namely : 

(a) Railways and extra-municipal tramways, in so far as thoy 
are rot classified as provincial subjects under entry 6 (d) of Parfc 11 
of this Schedule; 

(b) aircraft and all matters connected therewith; 

(r) inland waterways, to an extent to be declared by rule made 
by the Governor General in Council or by or under legislation by tho 
Indian lagislature. 

6. Shipping and Navigation, including shipping and navigation 
on inland waterways in so far as declared to be a central subject 
in accordance with entry 5. (r). 

7. Light-houses (including their approaches), beacons, lightships 
and buoys. 

8. Port quarantine, and marine hospitals. 

9. Ports declared to be major ports by rule made by tho 
Governor General in Council or by or under legislation by tho Indian 
legislature. 

10. Ports, telegraphs and telephones, including wireless installa- 
tions. 

11. Customs, cotton excise duties, income-tax, salt, and other 
sources of all-India revenues. 

12. Currency and coinage', 
IS. Ptihlir rfoht nf India. 



1:21 GQVT. OF INDIA ACT 

11. Savings Banks. 

15. Department of the Comptroller and Auditor General 

16. Civil law, including laws regarding status, property, 
civil rights and liabilities and civil procedure. 

17. Commerce, including banking and insurance. 

18. Trading companies and other associations. 

19. Control of production, supply and distribution of any 
articles in respect of which control by a central authority is declared 
by rule made by the Governor General in council or by or under 
legislation by the Indian legislature to be essential in the public 
interest. 

20. Development of industries, in oases where such Develop- 
ment by a central authority is declared by order of the Governor 
General in Council expedient in the public interest. 

21. Control of cultivation and manufacture of opium, and sale 
of opium for export. 

22. Stores and Stationery, 

23. Control of petroleum and explosives. 
21. .Geological survey. 

25. Control of mineral development in so far as such control 
is reserved to the Governor General in Council under rule made 
or sanctioned by the Secretary of State, and regulation of mines. 

2G. Botanical survey. 

27. Inventions and designs. 

28. Copyright. 

29. Emigration from, and immigration into, British India 
and in tor- provincial migration. 

30. Criminal Law, including criminal procedure. 

31. Central police organisation. 

#2. Control of arms and ammunition. 

33. Central agencies and institutions for research (including 
observatories) and for professional or technical training or promotion 
of special studies. 

31. Ecclesiastical administration, including European cemeter* 
ios. 

35. Survey of India. 

36. Archeology. 

37. Zoological survey. 

38. Meteorology. 

39. Census and Statistics, 

40. All-India Services. 

41. Legislation in regard to any provincial subject, insofar 
as such such subject is in Part II of this Schedule stated to be sub- 
ject to legislation by the Indian legislature, and any powers relating 



PROVINCIAL SUBJECTS 125 

ta such subject; reserved by legislation to the Governor General in 
Council. 

42. Territorial changes, other than iutra-provincial, and 
declaration of laws in connection therewith. 

43. Regulation of ceremonial titles, orders, precedence and 
civil uniform. 

44. Immoveabk property acquired by, or maintained at, the 
cost of the Governor General in Council. 

45. All matters expressly excepted by the provisions of Part 11 
of this Schedule from inclusion among provincial subjects. 

46. All other matters not included among provincial subjects 
under Part II of this Schedule, 

PART 1I.-PROV1NC1AL SUBJECTS. 

1. Local Self-government, that is to say, matters relating to 
the constitution and powers of municipal corporations, improvement 
trusts, district boards, mining boards of health and other local 
authorities established in a province for the purpose of local self- 
government, exclusive of matters arising under the Cantonments Act 
1910 ; subject to legislation by the Indian legislature as regards 

(a) the powers of such authorities to borrow otherwise than 

from a provincial government, and 

(b) the levying by such authorities of taxation not included 

in Schedule II to the Scheduled Taxes Rules. 

2. Medical administration, including hospitals, dispensaries 
and asylums and provision for medical o ducal ion, 

3. Public health and sanitation and vital statistics ; subject to 
legislation by the Indian legislature in respect to infectious and 
contagious diseases to such extent as may be declared by any Act of 
the Indian legislature. 

4. Pilgrimages within British India. 

5; Education : provided that 

(a) the following subjects shall be excluded, namely : 
(i) the Benares Hindu University, and such other Univer- 
sities constituted after the commencement of these 
rules, as may be declared by the Governor General in 
Council to be central subjects, and 

(ii) Chiefs* Colleges and any institution maintained by the 

Governor General in Council for the benefit of members 

of His Majesty's Forces or of other public servants 

or of the children of such members or servants ; and 

(b) the following subjects shall bo subject to legislation by the 

Indian legislature, namely : 
(i) the control of the establishments, and the regulation of 



12(5 GUM. Of INDIA ACT JO 19 

the constitutions and functions, of Universities con- 
stituted after the commencement of these rules, and 

(n) the definition of the jurisdiction of any University 
outside the province in which it is situated, arid 

(Hi) for a period of five years from the date of the 
commencement of these rules, the Calcutta Univer- 
sity and the control and organisation of secondary 
education in the presidency of Bengal. 
0. Public works included under the following heads, namely : 

(a) construction and maintenance of provincial buildings used 

or intended for any purpose in connection with the 
administration of the province ; and care of historical 
monuments, with the exception of ancient monument 
as defined in section 2 (/) of the Ancient Monuments 
Preservation Act, 1904, which are for the time being 
declared to be protected monuments under section 3 
(l) of that Act: provided that the Governor General ill 
Council may, by notification in the Gazette of India, 
remove any such monument from the operation of this 
exception ; 

(b) roads, bridges, ferries, tunnels, ropeways and causeways 

and other means of communication ; subject to such con- 
^'tions as regards control over construction and main- 
tenance oi means of communication declared by the 
Governor General in Council to be of military importance, 
and as regards incidence, of special expenditure 
connected therewith, as the Governor General in Council 
may prescribe ; 

(r) tramways within municipal areas ; and 

((/) light and feeder railways in so far as provision for their 
construction and management is made by provincial legis- 
lation ; subject to legislation by the Indian legislature 
in the case of any such railway or tramway which is in 
physical connection with a main line or is built on the 
same gauge as an adjacent main line. 

7. Water supplies, irrigation and canals, drainage and embank- 
ments, water storage arid water power ; subject to legislation by the 
Indian legislature with regard to matters of inter-provincial concern 
or affecting the relations of a Province with any other territory. 

8. Land Revenue administration, as described under the 
following heads, namely : 

(a) assessment and collection of land revenue ; 

(b) maintenance of land records, survey for revenue purposes, 

records of rights ; 



PROVINCIAL SUBJECTS 127 

(c) laws regarding land tenures, relations of landlords and 

and tenants, collection of rents ; 

(d) Courts of Wards, iucumbered and .attached estates ; 

(e) land improvement and agricultural loans ; 

(/) colonisation and disposal of Crown lands and alienation 

of land revenue ; and 
(g) management of Government estates, 

9. Famine relief. 

10.. Agriculture, including research institutes, experimental 
and demonstration farms, introduction of Improved methods, provi- 
sion for agricultural education, protection against destructive insects 
and pests and prevention of plant diseases ; subject to legislation 
by the Indian legislature in respect to destructive insects and pests, 
and plant diseases, to &uch extent as may be declared by any Act of 
the Indian legislature. 

11. Civil Veterinary Department, including provision for 
veterinary training, improvement of stock, arid prevention of animal 
diseases ; subject to legislation by the Indian legislature in respect 
to animal diseases to such extent as may be declared b# any Act of 
the Indian legislature. 

1'J. Fisheries. 

13. Co-operative Societies. 

14. Forests, including preservation of game therein; subject 
to legislation by the Indian legislature as regards disforestation of 
reserved forests. 

15. Land acquisition ; subject to legislation by the Indian legis- 
lature. 

10. Exeise, that is to say, the control of production, manufac- 
ture, possession, transport, purchase and sale of alcoholic liquor and 
intoxicating drugs, and the levying of excise duties and licence fees 
on or in relation to such articles, but excluding, in the case of opium, 
control of cultivation, manufacture and sale for export. 

17. Administration of justice, including constitution, powers, 
maintenance and organisation of Courts of civil and criminal juris- 
diction whithin the province ;- subject to legislation by the Indian 
legislature as regards High Courts, Chief Courts, and Courts of Judi- 
cial Commissioners, and any Courts of criminal jurisdiction. 

18. Provincial law reports. 

19. Administrators General and Official Trustees ; subject to 
legislation by the Indian legislature. 

20. Non-judicial stamps ;* subject to legislation by the Indian 
legislature, and judicial stamps, subject to legislation by the Indian 
legislature as regards amount o! Court-fees levied in relation to suits 
ami [froceedings in the High Courts under thoir original jurisdiction. 



128 GOVT. OF INDIA. ACt 1&19 

21. Registration of deeds and documents ; subject to legisla- 
tion by the Indian legislature. 

22. Registration of births, deaths and marriages ; subject to 
legislation by the Indian legislature for such classes as "the Indian 
legislature may determine. 

23. Religious and charitable endowments. 

24. Development of mineral resources which are Government 
property ; subject to rules made or sanctioned by the Secretary of 
State, but not including the regulation of mines. 

25. Development of Industries, including industrial research 
and technical education. 

26. Industrial matters included under the following heads, 
namely : 

((/) factories; 

(b) settlement of labour disputes ; 

(c) electricity; 

(d) boilers ; 

(e) gas ; 

(/) smoke nuisances ; and 

(?) welfare of labour including provident funds, industrial in- 
surance (general, health and accident) and housing ;-~- 
subject as to heads (a), (b), (c), (rf) and (</) to legislation 
by the Indian legislature. 

27. Adulteration of foodstuffs ar.d other articles ; subject to legis. 
lation by the Indian legislature as regards import and export trade. 

28. Weights and measures ; subject to legislation by the Indian 
legislature as regards standards. 

29. Ports, except such ports as may be declared by rule made 
by the Governor General in Council or by or under Indian legislation 
to be major ports. 

30. Inland waterways including shipping and navigation there- 
on so. far as not declared by the Governor General in Council to bo 
central subjects, but subject as regards inland steam- vessels to legis- 
lation by the Indian legislature. 

31. Police, including railway police ; subject in the case of 
railway police to such conditions as regards limits of jurisdiction 
and railway contributions to cost of maintenance as the Governor 
General in Council may determine. 

32. The following miscellaneous matters, namely : 
(a) regulation of betting and gambling ; 

(I) prevention o! cruelty to animals ; 

(c) protection of wild birds and animals ; 

(d) control of poisons ; subject to legislation by the Indian lagi 

lature ; 



SUBJECTS 

{e) control of motor vehicles, subject to legislation by the Indian 
legislature as regards licences valid throughout British India ; and 

(/) control of dramatic .performances and cinematographs, sub- 
ject to legislation by the Indian legislature in regard to sanction of 
films for exhibition. 

33. Control of newspapers, books and printing presses ; subject, 
to legislation by the Indian legislature. 

34. Coroners. 

35., Excluded Areas. 

3(5. Criminal tribes; subject to legislation by tho Indian j 
legislature. 

37. European vagrancy ; subject/ to legislation by the Indian 
legislature. 

38. Prisons, prisoners (except State prisoners) and re forma 
torios ; subject to legislation by the Indian legislature. 

39. Pounds and prevention of cattle trespass, 

40. Treasure trove. 

41. Libraries (except tho Imperial Library) and muse'ims 
(except tho Indian Museum, tho Imperial War Museum and 1 1m 
Victoria Memoral, Calcutta) and Zoological Gardens. 

42. Provincial Government Presses. 

43. Elections for Indian and provincial legislature, subject to 
rules framed under sections 64 (/) and 72 A (4) of tho Act. 

44. Regulation of medical and other professional qualifications 
and standards ; subject to legislation by tho Indian legislature. 

45. Local Fund Audit, that is to say, the audit by Government 
agency of income and expenditure controlled by local bodies. 

46. Control, as defined by rule 10, of members of all-India 
and provincial services serving within the province, and control, 
subject lo legislation, by the Indian legislature, of other public 
services within the province. 

47. Sources of provincial revenue, not included under previous 
heads, weather 

(a) taxes included in the Schedules to the Scheduled Taxes 
Rules, or 

(b) taxes, not included in those Schedules, which are imposed 
by or under provincial legislation which has received tho previous 
sanction of the Governor General. 

48. Borrowing of money on the sole credit of the province, 
subject to the provsions of ^hp Local Government (Borrowing) 
Rules, 

49. Imposition by legislation of punishments by fine, penalty 
or imprisonment, for: enforcing atiy law of the province relating to 
any provincial subject ; subject to legislation by the Indian legis- 

17 



130 QOVT: OF INDIA ACT 

lature in the cage of any subject in respect of which such a limitation 
is imposed under these rutoa. 

50* Any matter which though falling within a central subject 
is declared by the Governor General in Council to be of a merely 
local or private nature within the province. 



SCHEDULE 11. 

SEE RULE 6 ABOVE. 

LIST OF PROVINCIAL SUBJECTS FOR TRANSFER. 
Column I. Column II. 



1. Local si/lf-Government, that is to say, matters 
relating to the constitution and powers of munici- 
pal corporations, improvement trusts, district 
boards, mining boards of health and other local 
auf'hotitieb est.ibl tolled iu the province for purposes 
of local self-Governm -lit, exclusive of matters 
arising under t ho cantonm -nts Act, U>10 ; subject 
to U'giblation by the Indian logiblature. as regards 
(a) the powers of such authorities to borrow other- 
wise than from a provincial Government, and (b) 
the levying by suHi authorities of taxation not 
included in Sehrolule IT to th<> Scheduled Taxes 

nui*. 

'2. Mt*dicab administration, including hospitals, dis- 
pensaries and aayhiras, and provision for medical 
education. 

:i, Public health and sanitation and vital statistics ; 
.subject to li'giblat ion by tlic Indian legislature. in 
respect to infectious and contagious diseases to 
such extent as may lx declared by any Act of the 
Indian legiblature. 

within HritiHh India ... ... 



. ICducation, other than EurojK^an and Anglo-Indian 
education ; provided thnt 

Ca) the following subjects shall be excluded namely : 
('0 the Denates Hindu TniverRity anl such other 
Universities, constituted after the commence- 
ment of these rules, as may be declared by Ibe 
Governor General in Council to be central sub- 
jects, and 

(ii) Chief b* Colleges and any institution maintained 

by the Governor General in Council for the benefit 

of member* *f His Majesty's Fomet or of other 

public servants or of the children of such members 

, v>r want ; and 



All Governors' 
Provinces. 



Ditto. 
Ditto. 

Ditto. 

All Governors 1 
I*rovinces, 



PROVINCIAL SUBJECTS FOtt TllANSFEll t3l 

0. Public Works included under the following heads, All Governor*,' 
namely : provinces, except 

Abbam. 

(b) the following HiibjecU shall be sublet to legiblatiou 
by the Indian legislature, namely 

(i) the control of the establishment, and regulation of 
the constitutions and functions, of rniversitiet* 
constituted ufljr th comm 'iicom nt of tluw 
rules, and 

(w) the definition of the jurisdiction of any I'n'.vcrbil y 
outside the province in which it is situated, aiul 

(iii) for a period of live years from the date of llic 
commencement of these rules, the Calcutta Uni- 
versity and the control and organization of 
secondary education in the presidency of Bengal. 

(a) construction and maintenance of provincial 
buildings, other than residences of GovernorH of 
provinces, used or intended for any purpose in 
connection with the administration of tlu 1 
province on behalf of the departments of Govern- 
ment concerned, save in so far as the Ooverifor 
may assign such work to the departments using 
or requiring such buildings ; and care of hibtori- 
cal monuments, with the exception of ancient 
monuments as defined in section 2 (I) of the 
ancient Monuments Preservation Act, 1004, 
which are for the time being declared to be 
protected monuments under section 3 (1) of that 
Act ; provided that the (Governor General in 
Council -may, by notification in the Gazette of 
India, remove any such monument from the 
operation of this exception ; 

(b) roads, bridges, ferries, tunnels, ropeways and 
causeways, and other means of communication, 
subject to such condition, as regards control over 
construction and maintenance of means of 
cotnmnnieation declared by the Governor 
General in council to be of military importance, 
and as ngards mcideuce of special expenditure 
connected therewith, as the Governor General 
in Council may prescribe ; 

(c) tramways within municipal area* ; ami 

(d) light and feeder railways anil extra municipal All !<lon-rnoiV 
tramways in so far as provision for their construe* provinces, <-xc< pt 
tioii and management is made by provincial 
legislation ; subject to legislation by the Indian 
legislature in the case of any ouch railway or 
tramway which is in physical connection with 
a main line or is built on the same gauge as an 
ftdiecent mainline. 



132 GOH'.'OF INDIA ACT 

7. Agriculture, including research institutes, cxperi- All Governor^' 

mental and demonstration farms, introduction of provinces, 
improved methods, provision for agricultural edu- 
cation, protection against destructive insects and 
pests ant I prevention of plant diseases ; subject to 
legislation by I lie Indian legislature in respect to 
destructive insects and pests and plant diseases to 
such extent as may be declared by any Act of the 
Indian legislature. 

8. I '.ivil Veterinary Department., including provision for Ditto. 

vi 1 or i nary tiaijung, improvement of stock, and 
prevention of animal diseases ; subject to legiblation 
by the Indian legislature in respect to animal 
diseases to Mich ext"iit :ih may be declared by any 
Act of the Indian legislature. 

l. iMshcrks ,,. ... ... ... All Governors' 

provinces, e:\cep 
Assam. 



II. 



Iti, 

17. 

18. 



(.'o-op'-rativv soruties ... ... ... All Governors' 

provinces. 

Koivsis, including preservation of game therein; liombay. 

subject lo legislation by (lie Indian legislature as 
regards disforestat ion ot reserved forests. 

Kxcisc, that is to say, the eon* ml of production, All Governors' 
manul'actuiv, possession, transport, purchase, and provinces, execp 



sal* 1 of alcoholic lnjuor and intoxicating drugs, and 
the l"vying of excise duties and licence feus on or 
in relation to sneh articlis, but, excluding, in the 
easi of opium, control of culn\ation, manufacture 
and sale for export. 

I legist ration of deeds and documents: subject to 
legislation by the J Julian legislature. 

lUgistralion of biiths, deaths and mairinges ; mbj'-ct 
to LgUlation by the Tiidimi legislature for ^uch 
elasMs as the Indian 1 gislature may cUt.-rmin". 

Uiligiuus and charitable endowment 

Devdopnn jit of industries, including 'industrial 
res- -arch and technical education. 

Adulteration of food-stuffs and other articles ; sub- 
ject to legislation by the Indian legislature as 
regards import and export trade. 

Weights and measures ; subject to l-gislation by the 
Indian legislature as regards standards. 

Museums (except Indian Museum, Imperial War 
Museum, and the Victoria Memorial, Calcutta) and 
Zoological 'Gardens. 



Assam. 



AlHtovernois 1 



Ditto. 

Ditto. 
Ditto. 

Ditto. 

Ditto. 
Ditto, 



SCHEDULE III 

(SEE RULE 25.) 

1. The following general rules shall be observed by every authority 
which sanctions expenditure from Government revenues : 

(l) Every public officer should exorcise the same vigilance iu 
respect of expenditure incurred from Government revenues as a 
person of ordinary prudence would exercise in respect of the expen- 
diture of his own money. 

Moneys borrowed on the security of allocated revenues should 
bo expended on those objects only for which, as provided by rules 
made under the Act, moneys may be so borowed. 

Except where such order is of general application, no authority 
should exorcise its poweis of sanctioning expenditure to piss an order 
which will be, directly, (o its own pecuniary advantage. 

(4) Unless the amount of the expenditure is insignificant, 
Government revenues should not bo utilised for the benefit of a 
particular person or section of the community except when- 

(0 a claim for (he amount could be enforced in a court of law ; 

(a) the expenditure is in pursuance of a recognised policy or 
custom ; or 

(Hi) the object is such that the expenditure thereon maybe 
doomed to be of a chari liable nature. 

(5) No authority should sanction any expenditure which is like- 
ly to involve at a latter date expenditure beyond its own powers of 
sanction. 

(6) The amount of allowances, such as local or travelling allow- 
ances, granted to meet special expenditure of a particular typo should 
be so regulated that the allowances are not on the whole sources of 
profit to the recipient. 

2. The previous sanction of the Secretary of State in council is 
necessary : 

() (a) to the creation of a permanent appointment which would 
necessitate an increase in the cadre of an all-India Service ; 

(I) to the abolition of any appointment in the cadre of an all* 
India Service ; 

(c) to any increase or reduction of the pay of any appointment 
in the cadre of an all- India Service > 



134 GOV'L\ OF INDIA ACT 1919 

(ii) to tho creation of any temporary appointment the maximum 
pay of which exceeds Rs. 1,000 a month and which lasts or is expec- 
ted to last for more than two years, or, if the appointment be for 
settlement work, for more than five years ; 

(in) to the grant to any officer of an allowance which is not 
admissible under rules made under section 96 B. of the Act, or, in 
cases in which those rules do not apply, under the terms of any 
authorised Code issued or maintained under the authority of the 
said rules ; 

(iv) to the grant to any retiring officer of a pension or gratuity 
which is not admissible under the rules for the time being in force 
under section 96B. of the Act ; 

(v) to the grant of pensions or gratuities to non-officials, except 
in the case of 

(a) compassionate gratuities to the families of Government 
servants left in indigent circumstances, 

(b) pensions or gratuities to the families of officers dying while 
employed in Government service granted in accordance with such 
rules as may be made in this behalf by the {Secretary of State in 
Council, 

(c) pensions or gratuities to non-officials injured or the families 
of non-officials killed during services rendered to the State, and 

(d) pensions or gratuities to non-officials - who have rendered 
exceptional services to Government; 

(vi) to any increase of tho contract, sumptuary or furniture 
grant of the Governor ; 

(mi) to any expenditure upon tho purchase of stores, either in the 
United Kingdom or in India, otherwise than in accordance with 
such rules as may be made in this behalf by the Secretary of State 
in Council ; and 

(viii) to any expenditure upon railway carriages or water-borne 
vessels specially reserved for the use of high officials, otherwise than 
in connection with the maintenance of tho railway carriages already 
set apart with tho sanction of tho Secretary of State in Council for 
the exclusive use of the Governor. 

Note. Gratuities sanctioned under sub-clause (v) (a) of this 
paragraph should be subject as to total to such annual limit as the 
Secretary of State in Council may proscribe. 

3. Tho previous sanction of the Governor General in Council 
is necessary 

(i) Sulyect 'to the provisions of paragraph 2 (i) of this 
Schedule 

(a) to the creation of a permanent appointment on a maximum 
rate of pay higher than Us, 1,000 a month s 



GENERAL R ULES FOR EXPENDITURE 1 38 

(J) to the increase of the maximum pay of a sanctioned 
permanent appointment to an amount in excess of Rs, 1,000 a 
month ; 

(ii) to expenditure on a residence of the Governor in excess of 
Rs. 75,000 in any year; 

(w) to expenditure upon irrigation and navigation works, 
inoluding docks and harbours, and upon projects for drainage, 
embankment and water-storage and the utilisation of water-power, 
in any of the following cases, namely : 

(a) where ,the project concerned materially affects the interests 
of more than one local Government ; 

(b) where the original estimate exceeds 50 lakhs of 
Rupees ; 

(c) where a revised estimate exceeds by 25 per centum or 50 
lakhs of rupees, whichever ia less, an original estimate sanctioned by 
the Governor General in Council. 

(d) where a further revised estimate is proposed, after one 
revised estimate has already been sanctioned by the Governor 
General in Council ; and 

(iv) to revisions, involving additional expenditure exceeding 
Rs, 15 lakhs a year, of permanent establishments serving in depart- 
ments dealing with reserved subjects. 

4. Apart from the restrictions imposed by paragraphs 1, 2, and 
3 of the Schedule the power of sanctioning expenditure conferred 
upon the local Government by rule 25 shall be unlimited, 



SCHEDULE IV. 

SEE RULE 27. 

1. The local Governments mentioned below shall, save as hero- 
in-after provided, make in every year provision in their budgets for 
expenditure upon relief of, and insurance against, famine of such 
amounts respectively (hereinafter referred to as the annual assign- 
ments) as are stated against each: 

Rs. 

Madras . .. ... 6,61,000 

Bombay .. 03,60,000 

Bengal - *. - 2,00,000 

United Provinces * > 39,60,000 

Punjab * - 3,81,000 



136 007T. OF INDIA ACT Ml 9 

' Rs. 

Burma - ... ... 67,000 

Bihar and Orissa ... ... 11,62,000 

Central Provinces . ... ... 47,26,000 

Assam ... ... 10,000 

2. The provision shall bo made in the shape of a demand for a 
grant, and the estimates shall show, wider the major heads concern- 
ed, the method in which it is proposed to utilise the grant. 

3. The grant shall not bo expended save upon the relief of 
famine or upon the construction of . protective irrigation works or 
other works for the prevention of famine. Any portion of the grant 
which is not so spent shall bo transferred to the famine insurance 
fund of the province. 

4. The famine insurance fund shall consist of the unexpended 
balances of the annual assignments for each year, iranafepned to the 
fund under paragraph 3 of this Schedule, together with any interest 
which may accrue on these balances. ^ ; . 

5. The local Government may, in any year when the> accumu- 
lated total of the famine insurance fund of the province is 'not less 
than six times the amount of the annual assignment, suspend tempo- 
rarily the provision of the annual assignment. 

6. The famine insurance fund shall form part of the general 
balances of the Governor General in Council, who shall pay at the 
end of each year interest on the average of the balances held in the 
fund on the last day of each quarter. The interest shall bo calculat- 
ed at the average rate at which the Governor General in Council 
has during the year borrowed money by the issue of treasury bills. 
Such interest shall bo credited to the fund. 

7. The local Government may at any time expend the balance 
at its credit in the famine insurance fund for any of the purposes 
specified in paragraph 3 of this Schedule. 

8* Such balances may further be utilised in the grant of loans 
to cultivators, either under the Agriculturists, Loans Act, 1884, or 
for relief purposes. When such loans have been granted, payments 
of interest on loans and repayments of principal shall bo credited to 
the fund as they occur, and irrecoverable loans written off shall form 
a final charge against the fund. 

9. In case of doubt whether the purpose for which it is propos-. 
ed to spend any portion of -the annual assignment or the famine 
insurance fund is one of the purposes specified in paragraph 3 of 
this Schedule, the decision of the Governor shall be final. ' 

10. The annual accounts of tho annual assignments and of the 
fund 5>hall bo maintained in the forms annexed to this Schedule! 



Transferred Subjects Rules 

In exercise of the power* conferred by section 6J (S) and section 
. of the Government of India Ad, the Gwernor General in Council, 
with the sanction of the (Secretary of State in Council , is phasrd to woke 
the following rules : 

1. These rules may be called the Transferred Subjects (Tem- 
porary Administration) Rules. 

2. In cases of emergency where, owing to a vacancy, there ia 
no minister in charge of a transferred subject, the Governor 

(1) shall, if another minister is available -and willing to take 
charge of the subject appoint such minister to administer the subject 
temporarily ; or 

(2) may, if the vacancy cannot be provided for in the manner 
aforesaid, himself temporarily administer the subject, and while so 
doing shall exercise in relation to such subject all such powers, in 
addition to his own powers as Governor, as he could exercise if he 
were the minister in charge thereof. 

3. In any case in which the Governor himself undertakes 
temporarily to administer a subject under these rules, he shall certify 
that an emergency has arisen in which, owing to a ministerial vacan- 
cy, it is necessary for him so to do, and shall forthwith forward a 
*& copy of such certificate for the information of the Governor Gene- 
ral in Council. 

4. Such temporary administration by the Governor shall only 
continue until a minister has been appointed to administer the sub- 
ject. 

5. The Governor shall not exercise in respect of such subject 
the powers conferred on him by section 72E. of tho Government of 
India Act, 

Scheduled Taxes Rules 

In exercise of tlw power* conferred by section 80 A. (#) (a) and 
section 129 A. of the Government of India Act 9 the Governor General in 
Council, with the sanction of the Secretary of State in Council, is pleated 
to make the following rules : 

1. These rules may be called the Scheduled Taxes Rules. 

2. The Legislative Council of a province may, without the 
previous sanction of the Governor-General, make and take into COD. 

lT(a) 



13G(i) QOVT. OF INDIA ACT 1919 

sideraiion any law imposing, for the purposes of the local Govern- 
ment, any tax included in Schedule I to these rules. 

3. The Legislative Council of a province may, without the 
previous sanction of the Governor General make and take into con- 
sideration any law imposing, or authorising any local authority to 
impose, for the purposes of such local authority, any tax included 
in Schedule II to these rules. 

4. The Governor General in Council may at any time, by order 
make any addition to the taxes enumerated in Schedules I and II 
to these rules. 

5. Nothing in these rules shall affect the right of a local autho- 
rity to impose a tax without previous sanction or with the previous 
sanction of the local Government when such right is conferred upon 
it by any law for the time being in force. 

SCHEDULE I. 

1. A tax on land put to uses other than agricultural 

2. A tax. on succession or on acquisition by survivorship in a joint family, 
.'{. A tax on any form of betting or gambling permitted by law. 

4. A tax ou advertisements. 
r>. A tax ou amusements. 

fi. A tax on any specified luxury. 

7. A Registration fee. 

8. A fttam-duty other than duties of which the amount is fixed by Indian 

legislation. 

SCHEDULE II. 

In this Schedule the word ."Tax'* includes a cess, rate duty or fee. 

1. Atoll. 

2. A tax on land or land values. 
8. A tux on buildings. 

I. A tax on vehicles or boats. 

5. A tax on animals. 

. A tax on menials and domestic servants. 

7. An octroi. 

8. A terminal tax on goods imported into a local area in which an octroi 

was levied on or before the Gth July, 1917, 

9. A tax on trades, professions and callings. 

10. A tax on private markets. 

II. A tax imposed in return for services rendered, such as 

(a) a water rate, 

(b) a lighting rate, 

(c) a scavenging, sanitary or sewage rate, 

(d) a drainage tax, 

Ce) fees fox the use of markets and other public conveniences, 



Local Legislature Rules 

In exercise of the powers conferred by sanction #0- A. (3) (h) and 
section 129- A. of the Government of India Act, the Governor General in 
Council, with the sanction of the Secretary of State in Council, is pleaded 
to make the following rules : 

1. These rules may be called the Local Legislatures (Previous 
Sanction) Rules. . 

2. A local legislature may not repeal or alter without the pre- 
vious sanction of the Governor General 

(1) any law made by any authority in British India before the 
commencement of the Indian Councils Act, 1861 : provided that the 
Governor General in Council may, by notification in the Gazette 
of India, declare that this provision shall not apply to any such law 
which he may specify and, if he does so, previous sanction shall not 
thereafter be necessary to the alteration or repeal of that law ; or 

(2) any law specified in the Schedule to these rules or any law 
made by the Governor General in Council amending a law so speci- 
fied, 

Year. No. Short till-. 

18(>0 . XLV The Indian 1'eiial Code. 

1864 . in The Foreigners Act, 1804. 

18GG . in The Carriers Act, 1864. 

. x The Indian Succession Act, 1805. 

. xv The Parsi Marriage and Divorce Act, 1805. 

. xxi The Parsi Intestate Succession Act, 1805. 

1800 . xxi The Native Converts' Marriage Di&solution Act, 

. xxvni The Trustees' and Mortgagees' Powers Act, 1800. 

1807 . xxv The Press and Registration of Books Act, 1807. 

1809 . iv The Indian Divorce Act, 180'J. 

1870 . xxi The Hindu Wills Act, 1870. 

1872 . I The Indiaa evidence Act, 1872. 
. ni The Special Marriage Act, 1872. 
. ix The Indian Contract Act, 1872. 

. xv The Indian Christian Marriage Act, 1872. 

1873 . x The Indian Oaths Act, r873. 

1874 . - in The Married Women's Property Act, 1871. 
. xiv The Scheduled Districts Act, 1874. 

. xv The Laws Local Extent Act, 1874. 

1875 . ix The Indian Majority Act, 1875. 
1877 . I The Specific Belief Act, 1877. 

1881 . v The probate and Admiuisratioii Act, 188 j, 
. xni The Fort William Act, 1881. 

., , . xxvi The Negotiable Instruments Act, 1881 

1882 . ii The Indian Trusts Act, 1882. 

. iv The Transfer of Property Act, 1882, 

M . vii The Powers-of-Attorney Act, 1882, 



136(d) 
V<-pr, 

188',' " 



1890 



1891 
1895 
1897 




1818 

,, 

1899 
1903 


1908 



1909 

,, 
1'jlO 



19Iu 
Iia7 



1918 
1919 
1920 



GOVT. OF INblA ACT ID ID 

No. Short title. 

TV The Indian Merchandise Marks Act, 1889. 
vn * The Succession Certificate Act, 1880. 

xv The Indian Official Secrets Act, 1889. 

via The Guardians and Wards Act, 1890. 

TX The Indian Railways Act, 1890. 

xvni The Bankers' Books Evidence Act, 1891. 

xv The Crown Grants Act, 181)5. 

1U Tiic Epidemic Diseases Act, 1897. 

x The General ( laubeH Act, 1897. 

xiv The Indian short Titles Act, 1897. 

v The Code of Criminal procedure, 1898. 

ix The Live-stock Importation Act, 1898. 

ix The Indian Arbitration Act, 1399. 

M.V The Indian Foreign Marriage Act, 1903. 

xv The Indian Extradition Act, 1903. 

v The Code of Civil procedure, 1908. 

JX The Indian Limitation Act, 190H 

xiv The Indian Criminal Law Amendment ^et, 1V08 

xv The Indian Ports Act 1908. ' r > 

xvi The Indian Registration Act, 1908. 

in The Pr-jMdency-towns Insolvency AQ*, 1909, 

rv The Whipping Act, 1909. 

vi r Th; A nand Marriage Act, 1909. 

I The Indian Press Act, 1910. 

X The Sod i tious Meeti ngH Act, 1911. 

IV The Dndiau Lunacy Act, 19HJ. 

v The Provident Insurance Societies Act, 1912. 

vi Thu Indian Lit'o Assuranct^ CouipanieH Act, 1912. 

vi The Mussalman AVakf. Validating Act, 1913. 

vn The Indian Companies Act, 1913. 

Jj The Destructive I Lsccts and Pehtb A el, 191 -J 

Jir The Indian ( 1 opynght Acl, 1914. 

IX The Local Authorities i*>a*us Act. 1911. 

XV The Hindu D spohilion of Property Acl, J 910, 

f The Inland SUam Vessels Act, 1917. 

xxvi The TninsiW (f Property (Valitlatmg) Act, 1!)17. 

X The Ubunouh Loans Act, 19 IS. 

XI The Anarchical aiid Revolutionary OriiiifH Act, 

V The Provincial Insolvency Art, 19^0. 

x The Indian Securities Act, 1920. 

Xiv The Charitable and Religious Trusts Act, 1920. 



Reservation of Bill Rules 

In exercise of the powers conferred by section 81 A. (l) and section 
129 A. of the Government of India Act, the Governor General in Council, 
with the sanction of the Secretary of State in Council, is pleased to make 
the follmving rules : 

1. Tbese rules may be called the Eeservation of Bills Kules. 

2. The Governor of any Governor's province shall reserve for 
the consideration of the Governor General any Bill, not having been 
previously sanctioned by the Goveinor General, which has been 
passed by the Legislative Council of the province and is presented 
to the Governor for his assent, if the Bill appears to the Governor to 
contain provisions 

(a) affecting the religion or religious rites of any class of British 
subjets in British India, or 

(/>) regulating the constitution or functions of any University, or 

(c) having the effect of including within the transferred subject 
matters whfch have hitherto been classified as reserved subjects, or 

(d) providing for the construction or management of a light 
feeder railway or tramway other than a tramway within municipal 
limits, or 

(e) affecting the land revenue of a province either so as to 

(*) prescribe a period or periods within which any temporarily 
settled estate or estates may not be reassessed to land revenue, or 

(if) limit the extent to which the assessment to land revenue 
of such an estate or estates may be made or enhanced, or 

(Hi) modify materially the general principles upon which land 
revenue has hitherto been assessed, 

if such prescription, limitation or modification appears to the Gover- 
nor to be likely seriously to affect the public revenues of the province. 

3. The Governor of any Governor's province may reserve for 
the consideration of the Governor General any Bill, not having been 
previously sanctioned by the Governor General, which has been passed 
by the Legislative Council of the province and is presented to the 
Governor for his assent, if the Bill appears to the Governor 

(a) to affect any matter wherewith he is specially charged under 
his Instrument of Instructions, or 

(b) to affect any central subject, or 

(c) to affect the interests of another province. 



THE ESHER REPORT 

REPORT OF THE 

ARMY IN INDIA COMMITTEE 
1919-1920 

TERMS OF REFERENCE 

7. To enquire info and report, with tpacifl reference to po>1-l< Hum 
conditions, upon the administration and, where nweiwry, the aryan tuition, 
of the Army in India, including #x relation* with the I Par Office and 
the India Office, and the relations of the two Office* to one another. 

2. To consider the position of the Comm<<nder-in- Chief in hi* dual 
capacity ax head of the Army and Monler of the Jitwutiw Council, and 
to make recommendation*. 

3. To consider and to report upon any other matter* which they 
may decide are relerant to the enquiry. 

To The Right Hon. E. S. Montagu, MP. 

SIR, 

In forwarding you the first part of our Koport we desire to 
point out a difficulty with which wo are confronted at the outset 
of our enquiry. We cannot consider the administration of the army 
in India otherwise than as part of the total armed forces of the 
Empire ; yet we have no indication of the from of organization which 
may be set up in the future for the control of other parts of those 
forces, or of the whole. 

Wo have, it is true, been told that proposals for the higher 
direction of our Imperial forces are under consideration, and we 
are aware of the circumstances under which an Imperial Cabinet 
was formed during the late war. But the bases of permanent 
Imperial control over the organized forces of the Empire are as 
yet unlaid, and we have therefore been obliged to take existing 
statutes and usage as the foundation of the proposals wo have 
made in accordance with the terms of our reference. The remedies 
which we shall venture to suggest for such defects in the Army 

18 



138 THE ESHER COMMITTEE REPORT [NOV. 

in India as may be disclosed in the course of our enquiry will, 
therefore, he made subject to the limitations wo have indicated. 

Novel political machinery created by the Peace Treaty has 
enhanced the importance of the Army of India relatively to the 
military forces in othar parts of the Empire, and more particularly 
to those of the British Isles. We feel bound to assume that 
Western Europe will no longer bo an armed camp containing national 
armies in a high state of preparation for war, and we note that 
conflicts fraught with the gravest consequences to the belligerent 
nations cannot in future take place within a few days or weeks of 
an order to mobilize. We realize, and tho evidence of Lord 
Allenby confirms our belief, that the war has left Eastern Europe, 
and what is commonly known as tho Near and Middle East, in a 
condition of grave unrest, with consequences to India, especially 
as regards her military and financial resources, that we are unable 
to ignore. 

We aro aware that during the war, the necessary co-ordination 
of tho fighting strength of the whole Empire brought into existence 
what has boon called an Imperial Cabinet, performing real functions 
of Imperial Government, and accepted apparently without demur 
by tho united peoples. Tho evolution of this novel constitutional 
instrument is for tho moment arrested. If tho principle of an 
Imperial Cabinet composed of tho Prime Ministers of Great ' Britain 
and the Dominions becomes rooted in our institutions, other changes 
connected with Imperial defence seem likely to follow. 

An Imperial General Staff, an Imperial Naval and an Imperial 
Air Staff, possibly an Imperial Foreign Office, may become segre- 
gated under the leadership of the British Prime Minister of tho 
day, bub controlled by a body that from the nature of the case 
cannot bo wholly responsible to the Parliament at Westminister. 
If India were again to be represented directly in a permanent 
Imperial Council or Cabinet, such as that summoned ad hoi during 
tho war, the position of her Commander-in-chief might assume a 
special aspect different from that which wo have had to considej. 
Desirable and perhaps vital as such an evolution of our institutions 
may bo, the chances of its accomplishment are not immediate. We 
have, therefore, accepted for the purpose of our Report tho relations 
of India to Great Britain and to the Empire as they stand to-day. 

We desire also to mention that we have been requested, in 
considering our recommendations, to avoid, if possible, framing them 
in such a manner as may hereafter prove inconsistent with the 
gradual approach of India towards a Dominion status ; and we 
observe that the Indian Constitutional Reforms recently proposed have 



1919] ON INDIAN ARMY REFORMS 139 

in view the relaxation of the control of the Secretary of State, as 
well as of Parliament, over the Government of India. 

Wo are at the same time confronted with evidence of the 
continued reluctance of the India Office to relinquish into the hands 
of the Government of India greater freedom in the administration 
of the Army, oven in cases where thia could be done without 
compromising the administration of the Army at home or contra- 
vening the sound principle of uniformity in military policy. Wo 
are strongly of opinion that greater latitude should bo allowed to 
the Governor-General in council and to the Commonder-in-Chief in 
India in matters affecting internal military administration, in order 
to secure greater efficiency, and especially the greater contentment of 
the army in India. 

At the same time we lay stress upon the importance of main- 
taining 'constant and intimate touch between tho Commander-in- 
Chief in India arid tho Chief of the Imperial General Staff in London 
and between their General Staff Officers. 

Taking, then, existing institutions and tho present conditions 
in India as the basis on which to work, we consider that we shall 
be laying the foundations of a sound Imperial military system, if the 
plans we propose are consistent 

(1) with the control by tho Government of India of Indian 
military affairs ; 

(2) with giving to the Government of India a voice in questions 
of Imperial defence, and 

(3) with allowing tho Imperial General Staff through its Chief 
to oxorciso a considered influence on tho Military policy of tho 
Government of India. 

Keeping these principles in mind, wo propose to submit our 
Report to you in several parts, and to report on oach separately. 
Part I is forwarded herewith, and deals with matters upon which a 
great mass of evidence already exists in documents laid before us. 
We have therefore not thought it necessary to travel onco more over 
ground investigated by numerous committees and commissions, and 
by eminent Viceroys and Commaiiders-in-Chief in past years. 

We have limited our enquiry upon theso matters to obtaining 
the views of distinguished soldiers of recent war experience, and we 
havo found that their conclusions are in general agreement with tho 
recorded opinions of Lord Lytton and Lord Kitchener. 

At tho outset of our inquiry it was necessary to decide whether 
formal evidence should bo taken. After consideration, we deter- 
mined that it was undesirable to add to the mass of documentary 
evidence already available. We consequently decided to take counsel 
with high officers, military and civil, and certain independent 



140 THE EMIER COMMITTEE HE POUT [NOV. 

persons whoso views and experience could simplify our task, but 
not to record their evidence formally. Wo have thus obtained 
expressions of opinion given with complete freedom, and, coupled 
with the cxperiorico of the members of the Committee, they have been 
of great value to us in forming our conclusions. 

We desire to remind you that the subsequent parts of our 
Report, dealing as they are bound to do with matters of administra- 
tive detail, would be largely influenced by the decision at which 
you may arrive to accept or reject the proposals wo have made in 
Part 1. So convinced are we of the desirability of obtaining a 
decision of His Majesty's Government on the principles laid 
down in Part 1 before proceeding to the laborious examination 
of the numerous questions covered by our reference, that we have 
thought it imperative to place Part I of our Report in your hands 
before the Committee proceeds to India. It would facilitate the 
work of the Committee, and would render their complete report of 
greater value to His Majesty's Government and to the Government 
of India, if wo could obtain from you at an early date an indication 
of the advico you arc likely to tender to His Majesty's Government 
upon the principal questions covered by Part I of our Report. 

We are, 
Sir, 

Your obedient Servants, 

ESIIER. 

M. F. O'DWYER. 

IT. V. COX, LIKUT-GKNL. 

CLAUD W. JACOB, LIKUT-GKNU 

J. P. DuCANE, LJEUT-GENL. 

0. FELL. 

WEBB GILLMAN, MA.T-GKNL. 

C. M. WAGSTAFF, BKJU.-GKNL., 

M'< 
Thr ,W Nomiittr, 1019. 



1910] ON t$l)lAN AltilY KtifOliMS l4l 

PART I. 

SECTION I. 

The India Office. 

1. The relations between tho India Office and the Government 
of India are presumably based upon the importance of keeping the 
control of Parliament as far as possible intact over Indian ex- 
penditure. The theory, sound in itself in view of the bureaucratic 
form of Government in India, has proved to be illusory in practice. 
The business of- Parliament is too great and too complex to enable 
any effective control to be exercised by the House of Commons over 
Indian expenditure. In practice, therefore, the control of the India 
Office has been merely the control of one bureaucracy over another. 

Tho working of this system undoubtedly causes delay in dealing 
with military questions that frequently require rapid settlement, 
both in tho interests of efficiency and of the contentment of the 
Army in India. We, therefore, recommend that greater latitude 
should be allowed to the Governor-General in Council in deciding 
questions of a military character, provided they do not influence 
by reflex action tho administration of tho British Army at home. 

2. From 1909, and particularly during tho war, tho rule was 
relaxed under which all communications of a military nature between 
the Commandor-in-Chief and the War Office passed through the 
India Office. During the war the Commandcr-in-Chiof in India 
communicated direct with the War Office. Wo consider that this 
freedom of communication should now bo established as a permanent 
right on a regular official basis ; but should be limited to commu- 
nications between tho Comrnander-in-Chiof and tho Imperial 
General Staff. Tho Secretary of State for India should be kept 
fully informed of such communications. 

3. In order to facilitate what we consider of primary im- 
portance, namely tho free and intimate relation between tho 
Commandcr-in-Chiof in India and tho Chief of tho Imperial General 
Staff, and in order that the Secretary of State for India should also 
bo fully informed upon all questions of military policy affecting- 
India, we recommend that the Secretary in the Military Department 
of tho India Office should always be an officer with Indian experi- 
ence, of high military rank, appointed on the recommendation of 
the Chief of tho Imperial General Staff by the Secretary of State 
for India. It would bo convenient and desirable that this officer 
should be a Deputy Chief of tin* Imperial General Staff in order 
that the Chief of the Imperial General Staff may have the benefit of 
experienced advice on Indian matters, Furthermore* he should 



142 THE ESUEll COMMITTEE IIUPOIIT [NOV. 

have the right of attending the meetings of the Army Council when 
questions affecting India are discussed. Although \ve strongly 
advocate that questions of administration regarding the Army in 
India should be mainly sottled in India itself, and should only bo 
referred to the India Office under the circumstances which we have 
previously rioted, wo are of opinion that the Secretary in the 
Military Department of the India Office should have attached 
to his Department two officers specially conversant with "A" and 
"Q" questions, in so far as they affect India. 

4. We are unable to see any advantage, from the point of 
view of India, in retaining upon tho India Council in London the 
services of an otlicer of high military rank. It is undesirable that 
the Secretary of State for India should be loft in any doubt as to the 
quarter from which military advice should be offered him. The 
principle upon which wo think it important to insist is that the 
sole responsible military adviser of the Secretary of State should bo 
the chief of the Imprial General Staff. This advice could bo 
tendered either through his Deputy Chief established in the India 
Office, or directly by the Chief of the Imperial General Staff him- 
self, who should be authprized to attend any meeting of tho Council 
of India at which military questions of first importance are to be 
discussed. 

5. We recommend in Section III that the Commander-in- 
Chiof in India shall bo appointed with the concurrence of the Chief 
of tho Imperial General Staff, and that tho commander-in-Chiof shall 
bo tho sole military advisor of tho Government of India. If this system 
can be established, tho chain of military responsibility for questions 
of an Imporiol character will be complete. On the one hand, tho 
Commandor-in-Chiof will look to the Chief of tho Imperial General 
Staff for supreme direction in all questions of Imperial military 
police in which India is concerned ; arid, on the other hand, the 
Governor-General will look to tho Commander-in-Chiof for military 
advice upon questions in which India only is concerned, and also 
upon questions of a wider military character with confidence that 
the Commander-in-Chiof will bo in a position to express upon tho 
latter the considered views of the Chief of the Imperial General 
Staff. 

6. Wo believe that, under the plan thus proposed, the 
Government of India will retain its statutory control over the Army 
in India, that the Governor-General will* be assured of undivided 
counsel upon military questions, and that uniformity of military 
policy will at last be established between Great Britain and 

India. 



1919] OM INDIAN ARMY REFORMS 143 

SECTION II. 
Defence Committee. 

7. Our attention has been called to the Committee of Defence 
sot up in India by tho Governor-General during the war. Its 
composition and functions follow those of the Committee of Imperial 
Defence in this country as they were understood to bo after it was 
reconstituted on a new basis in 1902 and before the establishment 
of its permanent Secretariat in 1905. 

That Committee was consultative ai;d not executive. It had no 
administrative functions. It could not prescribe a policy or give 
directions. Its duty was to advise. It interfered with no existing 
authority. It possessed no fixed constitution, and tho persons 
composing it wero selected by tho Prime Minister from among his 
colleagues and their technical assistants, with tho addition of any 
person whoso advice ho might desire to obtain upon the matters 
about to bo discussed. Tho Committee, in short, contained no 
c:-officio member except tho Prime Minister himself, and this 
flexibility, as Mr. Balfour pointed out at the time, gave it an 
advantage of iirst-rnto importance, in dealing with tho manifold 
subjects that gather round the problem of national defence. 

8. Such, wo understand, was tho body upon which tho 
Governor-General modelled tho Defonco Committee in India, and 
wo are firmly convinced that, taken in conjunction with tho 
existence of tho War Book, which had boon prepared in 1914, it 
contributed valuable assistance towards bringing India into lino 
with Great Britain during iho war, and that it should not bo allowed 
to disappear. 

Wo recommend that its Secretary should bo a member of tho 
Governor- General's Private Secretariat, and that he should have 
charge of the records and bo responsible for tho preparation and 
upkeep of tho War Book. 

9. The War Book, designed by Sir Maurice Han key some 
years before 1914, was planned with a view to tho instant mobiliza- 
tion of all Government departments at home on the outbreak of war. 
For the first time in this country the attention of all Departments 
of Government was drawn to the fact that war was not the sole 
business of tho Admiralty and tho War office, but that it was tho 
concern of practically every Department of State. The Dcfei.co 
Committee, by its composition and its methods of working first 
suggested this somewhat novel conception of modern war, but tho 
War Book stereotyped it and fixed it indelibly in the minds of tho 
whole Civil Service. 



144 THE ESHER COMMITTEE REPORT [NOV. 

The War Book prepared in India in 1914 has been laid before 
us. It is a work of such value that wo strongly recommend that 
it should be constantly revised and kept up-to-date byithe officer we 
have designated, who will, at the same time, be the Secretary of 
the Defence Committee. 

We would suggest that the Secretary of the Indian Defence 
Committee should be placed in direct touch with the Secretary of 
the Imperial Defence Committee in London, so that as far as possible 
the measures concerted by the latter should bo applied by the 
Governor-General in India, so far as they are appropriate, to local 
conditions. 

SECTION III. 
The High Command. 

10- The definition of the High Command in India in future 
requires a few preliminary words of explanation. We have before 
observed that our attention has been drawn to the importance of 
keeping in view in any proposals wo may make, the gradual 
approach of the Government of India to a Dominion status. Wo 
have also kept before our minds the possibility that, in the near 
future, Imperial control over the military policy of tho Empire may 
take a form other than that which obtains at the present time, 
leading to the establishment of a real Imperial General Staff 
deriving its authority not from tho War office and -the British 
Parliament, but from an Imperial Council such as that contemplated 
in 1907, which materialized in the course of the lato war, in what 
has been called an Imperial Cabinet. 

We have, however, felt ourselves obliged to base the recom- 
mendations we are about to make upon existing facts. We are 
unable to admit any close resemblance between the principles which 
are applied to army administration in this country, governed as it 
is under democratic Parliamentary institutions, and the conditions 
that obtain in India, where the Government remains of a bureau- 
cratic character with such Parliamentary checks as are found to be 
possible. No analogy exists between the Government of India* and 
that of any European country. It appears to us, therefore, that 
Army administration in India must conform to the principles laid 
down by tho statutes upon which that Government is based, which 
place tho control of tho Army in India in the hands of the Governor- 
General in Council. 

11. We have endeavoured to superimpose upon the existing 
fabric of Indian Armv n.dminiat,rfl.t.inn fViA fta 1101*0! ftfoff ;^ T 



1919] OiV INDIAN ARMY REFORMS 145 

other words, while leaving the control of the Army in India to the 
Governor-General in Council, wo have tried to knit closer the 
relations between the High Command in India and the High 
Command as it now exists at the centre of the Empire. We havo 
considered and rejected the proposal to establish in India a Civilian 
Member of the Executive Council responsible for the Army, and 
an Army Council with collective responsibilities, as nnsnited to 
Indian requirements at the present lime. Among' the numerous 
recommendations that, have been made in former years for the 
reconstitution of the War Department, we have adopted that of Lord 
Lytton, that the Commander-in-Chief should be himself the only 
military member of the Viceroy's Council, and we have not thought 
it conducive to good administration that upon the Executive 
Council the Commander-in-Chief should have any military colleague 
or competitor entitled to deal with the administration of Army 
affairs. 

12. We recommend that in future the Army Department and 
the Headquarters Staff should be consolidated under one head, and 
with a single Secretariat, which is not at present the case, and that 
the Commandcr-iii-Chief should be in that capacity considered to bo 
the administrative, as well as the executive head of the Army, 
subject only to the Governor-General in Council, in whom tho 
supreme control of the Army is vested by statute. Every trace of 
the duality of functions resulting from the same officer being 
Commander-in-Chiof and Member-in-Charge of the Army Depart- 
ment should be swept away. 

13. We are of opinion that the financial responsibility of the 
Commander-in-Chiof should not be divorced from his executive 
responsibilities, and that while his purely military status should bo 
in no way affected, it should be recognized that he possesses a 
personal and professional interest in and responsibility ior the 
economical administration of Army funds. We are in agreement 
with the view that the Commander-in-Chief should be looked upon 
by all His Majesty's Indian subjects and feudatories in India a 
the despository and representative of a personal authority, second 
only to that of the Viceroy, and we are strongly of opinion 
that any change in the position of the Commander-in-Chief 
which would have the effect of weakening that authority, is 
inadvisable. 

14. We propose that a Military Council should be established, 
composed of high staff officers and others to assist the Commander- 
in-Chief in the performance of his administrative functions. This 
body would have no collective responsibility. Its members, however, 

19 



146 THE ESHER COMMITTEE REPORT [NOV. 

would be individually responsible for the branches they would be 
called upon to administer. 

15. We hold the position of the Secretary to Government in 
the Army Department, as it is generally understood, to be inconve- 
nient and undesirable, as rendering possible an interference with the 
sole right of the Commander-in-Chief to offer military advice to the 
Governor-General in Council. 

16. We propose to deal in Part II of our Report with the 
personnel of the Military Council and their respective function?, 
responsibilities and powers. 

17. We are in agreement with the General Staff view that the 
Commander-in-Chief in India should be more directly in touch with 
the Chief of the Imperial General Staff, with a view to obtaining 
increased efficiency as regards the organization, equipment arid 
training of the Army in India, so as to develop the military resources 
o,f India in a manner suited to Imperial necessities. We have 
already stated that, in our view, the Commander-in-Chief in India 
should have the established right to communicate in peace with the 
Chief of the Imperial General Staff in London with regard to strate- 
gical plans, war organization, training and the selection for com- 
mands and senior staff appointments. But wo are not prepared to 
dogmatise as to whether the Government of India or the Imperial 
Government at Whitehall is to be responsible for the military 
safety of India. It is obvious that, if the gradual approach of India 
to a Dominion status is to be taken as an axiom, this question can 
be resolved only by the exercise of judgment, tact, and the principle 
of " give and take/' We, however, are strongly of opinion that 
while unity of admiiiistration is for the present out of the question, 
unity of conception on broad lines of military policy, such as those 
for which an Imperial General Staff should be responsible, is essential 
in the interests of India herself and of the Empire as a whole. For 
this reason we suggest that the Gommander-in-Chief in India should 
be appointed by His Majesty's Government on the recommendation 
of the Chief of the Imperial General Staff, and that the same proce- 
dure should be observed in the appointment of the Chief of the 
General Staff in India. Should this recommendation be approved, 
given a close co-operation and correspondence between the Chief of 
the Imperial General Staff and the Commander-in-Chief in India, 
we believe that as much will have been done towards securing unity 
of military purpose as can be profitably accomplished at the present 
time. 

18. We have said that, in our opinion, the Commander-in-Chief 
should be the sole- military adviser of the Government of India. So 



1919] OK INDIAN AlltiY REFORMS U7 

important a function carries with it a necessity that the Commander- 
in-Chief shall be in the closest relation to the Governor-General in 
Council during the progress of hostilities and at all moments in 
peace when military questions of the first importance come under 
discussion. At the same time, we cannot disregard the importance 
of personal inspection from time to time of the larger army formations 
by the Commander-in-Chief himself. During his absence from 
headquarters under peace conditions, we therefoie recommend that 
he should delegate to his Chief of the General Staff such functions 
as he thinks may be properly exercised by that officer during his 
absence. We do not contemplate that under any circumstances the 
Commander-in-Chief should himself take the field in war. In our 
view the command of military operations, whether on a large or 
small scale, should always be entrusted to an officer specially selected 
for that purpose. We are too well aware of the inconvenience and 
danger created in 1914 by stripping the War Office of its most 
experienced advisers and administrators, to desire to see a repetition 
in India of so unfortunate an incident. To the personal influence of 
the recognized head of the Army of India, especially over Indian 
troops, we have already alluded, and while we are anxious that it 
should not be supposed that we depreciate the value of his making 
himself throughly acquainted with the sentiments and requirements 
of officers and troops in all parts of India, we desire to make clear 
that, during moments of tension, it would not be consistent with 
the efficient discharge of his highest duties to absent himself from 
the Council table of the Governor-General. 

19. We are convinced that the Commaiider-in-Chief, as being 
au "extraordinary " Member of Council, could be relieved of con- 
siderable technical responsibility. There appears to us no sound 
and valid reason why his signature should be obtained to despatches 
from the Government of India upon questions which have no military 
significance or importance, or that he should be required to study 
and record his opinion on cases which relate exclusively to the civil 
administration. We arc sure that a liberal interpretation of the 
necessities of Indian administration would lead to an appreciable 
reduction of his duties. We, therefore, recommend that he should 
be excused attendance at the Executive and Legislative Councils 
except when the business under discussion affects military 
interests. 

20. We have refrained from exploring in detail the functions 
which, in our view, should in future be imposed upon the Military 
Council which we have recommended, We believe that this can 
beat bo done after the visit of the Committee to India, 



US TUK ESHEll COMMITTKK UKl'OllT [NOV. 

21. The recommendations we have made in Part I of our Keporfc 
arc based upon general principles to which the whole Committee 
have given their adherence, upon a mass of documentary evidence 
that has been at their disposal arid upon the conferences between 
the members of the Committee and officers and others with profound 
experience of the working of army administration in India, previous 
to the war, during the war and since the armistice. 

We offer these recommendations to the Secretary of State for 
India in the hope that he will obtain for them the early sanction of 
His Majesty's Government, in order that the labours of this Com- 
mittee may not, like those of so many others, be thrown away. 

C. M. W.UJSTAFF, ESHEK. 

BKIG.-GKNL., M. F. O'DWYKK. 

towtary. H. V. COX, Lieut.-Genl. 

CLAUD W. JACOB, Lieufr.-Gen). 
J. P. Di:CANE, Lieut.-Genl. 
G. FELL. 
Tht J/W XvMinbr /'J/ ( J. W. GILLMAX, Maj.-Goul. 

[NOTE] 

[The first Part of this Report was drawn up in Kuglaiicl before 
the 2 Indian Members could join the Committee, so that the Indian 
members had no opportunity of expressing an opinion, nor was their 
signature taken. 

The sittings of the committee were in Camera. There was no 
public examination of witnesses or a record of evidence given. The 
Committee reliod mainly on the recorded opinions of previous Com- 
mittees and Commissions, Viceroys and Commenders-in-Chief, and the 
whole procedure was reminiscent of the public activity of Sir Michael 
O'Dwyer, the notorious ex-satrap of the Punjab, who alone really 
Kuided the deliberations of the Committee. Viscount Esher never 
came out to India ; he simply signed the 2nd. and other part of the 
report as it was prepared -under the guidance of Sir M. O'Dwyer. 

Another secret manouvre in presenting this report is that the 
first part which lays down principles of the most reactionary and 
novel form was submitted to the Secretary of State in November 
1919, but it was never made public till the whole report was ready. 
Not only were the Indian members excluded from this part, but the 
Army Committee seemed to have exacted from the Secretary of 
State a sort of guarantee and acquiessence in the principles enun- 
ciated therein before they proceeded to the details of Army Reform. 
The covering letter of Part II, which follows, refers to this matter 
poiutelyj 



Report 

Of the 

Army in India Committee 1 9 1 9-20 

Part II 

liujht Honourable E. ti. Montniju J/./'. 



SFR, 

Throughout this Keport, wo have been guided by the con- 
sideration that the army in India, as in all civilised States, furnishes 
the ultimate sanction for the security of the people against external 
aggression and for the maintenance of internal tranquilly. We are 
impressed by the necessity of maintaining this instrument, placed as 
it always must and should be in the hands of the civil power, in the 
highest state of eiiiciency. Whatever form the future Government 
of India may take, however it may be democratised, and whatever 
advance may bo made on the part of the various sections of the 
Indian community towards national and imperial unity, the army 
cannot fail to remain a vital attribute of Government in the hands of 
the dominant authority. 

The proposals made by us in Part I having been in the main 
approved by you, we have in Part 11 attempted to deal with the 
difficult question of Supply, to explain in detail the functions which, 
in our view, should be imposed upon the Military Council, the 
constitution of which wo recommended in Part I, and to make certain 
proposals regarding Military Finance. 

We propose that a Military Council should be constituted for 
the purpose of assisting the Commander-in-Chief, with a view to 
relieving him, not of his responsibility, but of manifold duties which, 
without impairing that responsibility, he can, and should, delegate 
to his staff officers at Army Headquarters. We desire to impress 
upon the Commander in-Chief and upon the officers in question the 
absolute necessity of carrying out loyally and to the full this 
principle of delegation. All sound administration is based upon it. 
No administrator, however able aud however conscientious, can 



150 THE E SUE 11 COMMITTEE HE POUT [MAY 

interpret responsibility in the sense of giving personal attention and 
sanction to every act of administration, if the accomplishment of 
his task is to stand the test of efficiency. 

In the constitution of the Military Council, in the functions we 
have alloted to its various members, and in the handling of this 
difficult question of military supply, we have all been guided by the 
supreme consideration of the efficiency of the army in war, coupled 
with a due regard to the best interests of the Indian tax-payer. We 
aim at establishing a system which, while it will work simply and 
economically in time of peace, will be adaptable, without undue 
friction and disturbance, to the conditions even of such a war as 
that in which the Empire has recently been engaged. 

We lay stress upon the importance, as it appears to us, of 
organising in India a system of military administration which will 
establish a chain of responsibility from the Commarider-in-Chief 
himself through his Military Council to the military commands, and 
so down to divisional units, in order that the test of war, whenever 
it is applied, shall find ready to hand a body of men expert in 
administration as well as in command, ready to meet its exigencies, 
While we are anxious to see officers from their youth up trained in 
administration as well as in general staff duties, we are conscious 
that, under a voluntary system such as ours, it is impossible to rely 
wholly for the administration of the army upon the soldier. There 
are certain spheres of administration into which a civilian element 
must not only be introduced, but should be cordially welcomed. 
This axiom especially applies to the region of provision and produc- 
tion of material, which is essential to the military needs of an army 
in peace time and in the field. The provisioning of an army with all 
that it requires, which is ordinarily covered by the term "supply," has 
been considered carefully by us in consultation with the most 
experienced authorities, both in India and at home. There has been 
much conflict of opinion and we have been furnished with advice in 
diverse forms. Powerful arguments, supported by experience in war 
and by knowledge of Indian conditions, have been used in the course 
of our discussions in favour of various solutions of what is admitted 
to be a complicated problem. 

The recommendations which we have made in Part II have 
been signed by us, but we regret that in regard to section I a 
divergency of views has occurred. 

While detracting from the constructive value of our report, this 
divergence of opinion will not, we venture to hope, prove a serious 
obstacle in attempting to arrive at a decision upon the functions to 
be vested in the Commaiider-in-Cbief, 



1920] ON INDIAN A 11 MY UEFOltMS 151 

We are all agreed in our recommendations regarding the compo- 
sition and functions of the Military Council, except to the extent 
that the minority desire to see added to it a member, with the title 
of Surveyor-General of supply, to whom they would entrust those 
functions of production and provision which the majority advocate 
placing under a separate Member of the Executive Council. 



We are, 

SIR, 
Your obedient Servants, 

ESHER. 

M. F. OT)WY T ER. 

H. V. COX, LM.-dfnl. 

J. P. DrCANK, Lintf.-Urnl. 

CLAUD W. JACOB, Lieut.- 

H. HUDSON, Lieut.-(]<'nl. 

G. FELL. 

WEBB GILLMAN, Mujor-ti 

IJMAR HA VAT. 

K. (\ GUPTA. 

C. M. WAGSTAFF, ''vbnel, >V ( /v7a/v/. 
Man tt>,!u. 



Production Provision 

The majority consisting of Sir Michael (VDwyer, Hirbert Cox, 
Sir Claud Jacob, Sir Godfrey Fell, Sir W. Oilman and Sir K. Gupta 
incline to the view that the military production and provisions, as 
also the administration of Royal Indian Marine, should bo entrusted 
to the department to be called "Department of Munitions and 
Marine " in charge of civilian member of the Governor-General' . 
Executive Council ; while the minority composod of Lord Esher, 



182 THE JBLUElt UOMMITETti REPORT [MAY 

John Du Cane, Sir Havelock Hudson aud Sir Umar Hayat Khan 
favour solution by appointing a civil member of the Commander in 
Chief's Military Council and placing the Royal Indian Marine 
directly under the Commender-in Chief agains the idea of placing a 
civilian under immediate and direct control of the Commander-in 
Chief. The majority point the enormous difficulties that would 
arise in future in regard to labour and the growth of trade 
imionism whirh would affect the working of Government factories 
under the Reforms Scheme. The responsibility for the expenditure 
of nearly half of the total revenues would rest on the shoulders of 
of one man (Commander-n-Chief) and, therefore, the creation of a 
separate department for production and provision would result, in 
in their opinion, increased efficiency arid consequent economy, thus 
tending to minimise public criticism. The minority challenge these 
majority conclusions as being irreconcilable with the fundamental 
principle of concentrating the command and administration of 
the army in the hands of a single responsible authority. The 
civilian member according to the minority, should be callcu the 
"Surveyor General of supply," and he should be a member of the 
Military Council, in which capacity he would be in constant touch 
with his military colleagues. 

Further relief could be afforded to the Commander-in-Chief, if 
the Secretary, Army Headquarters, or one of the members of the 
Military Council, were authorised to attend meetings of the Legisla- 
tive and Executive Councils on behalf of the Commander-in-Chief 
in order to explain the questions of military administrations as also 
before the Viceroy. The Committee, as a whole, think that the 
Commander-in-Chief should be the President of the Military Council, 
of which the members should be : (1) Chief, of the General Staff, (2) 
Adjutant General, (3) Quarter master-General, (4) Financial Adviser, 
and (5) Civil Member and Secretary, Army Headquarters, with 
provision that, in the event of the minority view prevailing, the 
Council would include a Surveyor-General of supply. 

Financial Control 

As regards functions, the Military Council can have no collective 
responsibility, and one of their principal duties is to watch the pro- 
gress of military expenditure with a view to securing economical use 
of Army Funds. Other recommendations are summarised below : 

Summary of Recommendations. 

(a) That the system under which financial control is exercised 
at Army Headqurters should be continued. 



ON INDIAN ARMY REFORMS 153 

(I) That the FinaLcial Adviser should be a Member of the 
Military Council. 

(c) That there should be a Deputy Financial Adviser in each 
of the principal spending branches of Army Headquarters and in the 
Royal Air Force, with functions as described. 

(d) That whatever arrangement is made for production and 
provision, there should bo at headquarters a Controller of Ordnance 
Factory Accounts, who would also act as Deputy Financial Adviser to 
the authority responsible for administration. This Controllers' func- 
tions might extend to the clothing factories ; but, if this is not found 

practicable, there should bo a separate Controller for the latter. 

(e) That the system under which separate finance and account- 
ing offices are attached to the ordnance factories should be extended 
to the clothing factories. 

(/) That the accounts and audit relating to contracts should bo 
concentrated under a Controller at headquarters, who should also 
act as Deputy Financial Adviser to the administrative authority. 

([/) That a Controller should be attached to the oth'ce of the 
Director, Royal Indian Marino, at Bombay to maintain the marine 
accounts and to act as Deputy Financial Adviser to the Director. 

(h) That for the present no change should be made in the 
arrangements undei which financial assistance and advice are given 
in commands and divisions. 

(i) That no change should be made in the status and duties of 
the Military Accountant-General. 

(j) That the Controller and Auditor-General should exercise 
more definite authority over the audit staff of the Military Accounts 
Department. 

(k) That the responsibility for preparing their estimates arid 
administering their grants should be definitely placed on the heads 
of branches at Army Headquarters and of the officer commanding 
the Royal Air Force. 

(I) That the military accounts should be maintained in such a 
from as will enable the heads of branches to watch the progress of 
expenditure, with a view to savings being made available for other 
objects. 

(?) That prompt information should be afforded to the Govern- 
ment of India regarding the progress of expenditure at home on 
stores, etc. 

(n) That there should be a block vote for each arm of the service 
and for the Royal Air Force. 

(o) That savings effected in the " on-costs " of factories should 
be available for expenditure on the improvement of the factories. 

20 



154 THE ESHER COMMITTEE RE POM 

(p) That the spheres of financial responsibility of the Comman- 
der-in-Chief and the Member for Munitions and Marine (if this 
department is formed) should be defined on the lines indicated. 

(q) That the Financial Adviser at Army Headquarters should 
also be the Financial Adviser to the proposed Department of Muni- 
lions and Marine. 

(r) That a radical change, on the lines proposed by the Govern- 
ment of India, should be made in the system under which pay is 
disbursed. 

(s) That; the regulations dealing with pay, allowances, leave, 
pontons, etc., should be revised. 

Part 111 Decentralisation and Liaison 

Part Throe deals exclusively with the decentralisation and 
liaison, and after examining the present organisation of commands 
in India, draws attention to the proposal that India should bo 
divided into fourteen separate areas to be called districts in order !<> 
provide a link between the army headquarters arid districts, with a 
view to avoid return to a state of affairs which existed before the 
war. The Committee recommend the creation of four commands, each 
under an army commander, graded as General officer commuijfiing in 
chief with adequate staif. These commands will comprise districts, 
each containing a certain number of brigade commands. Em-ma 
should form an independent district, and several districts should 
be classified according to their importance. This part of tho report 
also deals with the internal security and liaison between the 
military and civil authorities, and urges tho importance of establish- 
ing a close and regular liaison with Provincial Governments, the 
extension of Indian military and civil intelligence near and far East, 
Europe, America and Africa, with a view to counteract seditious 
and revolutionary movements calculated to tamper with tho loyalty 
of troops. Lastly, the Committee emphasise the importance of 
propaganda and a greater use of tho press, adding that tho value of 
the press in India as a medium for information appears to have been 
neglected in the past. 

Part IV Organisation of Air Forces Etc. 

Part four : The Committee believe that the last war has made 
it cloar that India's partnership in the Empire demanded that 
tho organisation of Air Forces should conform closely to the rest of 
the force of the Empire. For the attainment of this object, steps 
are suggested so as to secure closer relations between the 
British and Indian armies. The recommendations, therefoie, aim on 
the assimilation of conditions, closer liaison, uniformity of ideals and 
interchange of officers among British and Indian's services. 



OiV INDIAN ARMY REFORMS U>5 

As regards regimental ofiices, the Committee recommend a 
scheme for forming closer connection between the British officers cadro 
of the Indian Army and that of the British Army, and has shown 
the necessity for assimilating so far as practicable the organisation 
and system of administration of the services concerned with tho 
feeding of the army, transport, stores, medical assistance, signalling. 

After detailed examination, the Committee consider the com- 
pletion of the Eoyal Army Service Corps and the Supply and 
Transport Corps as yet impracticable, but desire more in the direction 
of unification of the two corps. 

Coming to the veterinary service, tho Committee approves the 
scheme of reorganisation now under consideration of the Government 
of India, but suggest the admission of qualified Indians to com- 
mission in veterinary service by removing the existing racial bar. 

The pwsonufil of the Signal Service should be definitely posted 
to the corps. A joint service called Army Ordnance Corps, India, 
should be formed. 

Tho Committee then proceed to examine the possibility of 
unification of the two medical organisations with the Indian Medical 
Service, and the Eoyal Army Medical Corps. After critical ex- 
amination of the various suggestions put forward by responsible 
authorities the Committee are reluctantly forced to say that tho 
amalgamation of the two services at present is impracticable. They 
however, suggest some reforms to secure a more harmonious working 
and closer co-operation between these two services. 

Conditions in India are such that the amalgamation of pioneers 
and engineers is not advisable in tho organisation of army head- 
quarters. Field engineers' training should be co-ordinated by a 
Senior Eoyal Engineer Officer affiliated to the General Staff, and 
that military works services should become a directorate under tho 
Quarter-Mastor-General in command. Chief Engineers should bo 
retained. Tho Committee emphasises the need for close co-opera- 
tiori in training and military education between Home and Indian 
armies to afford higher appointments. If tho Commander -in-Chief 
belongs . to tho British service, two of his three principal staff 
officers (C.G.S., A.G. and Q.M.G.) should belong to tho Indian 
Army ; while, if tho Commandor-in-Chief belongs to the Indian 
Army, two of the principal staff officers should come from the 
British service. 

Part V Amelioration of Conditions of Service. 

Tho Committee aro aware of the spirit of unrest and dis- 
satisfaction in both armies arising, infer alia, out of the com- 
plexity of the regulations governing pay, leave and travelling 
allowances, and want of suitable accommodation, After em- 



156 THE ESIIER COMMITTEE HE PORT 

pasising the necessity of complete revision of the regulations, 
they urge that considerations of finance should not be allowed to 
postpone the urgent work of providing suitable accomodation, as, 
otherwise, it will affect the efficiency of the army. Keccnt changes 
and reforms have, no doubt, proved another unsettling factor in 
the minds of the British officers, but this feeling will, it is hoped, 
pass away in time. The Committee's intention is to render the 
service sufficiently attractive to secure a constant flow of the best of 
Sandhurst cadets and to ensure that the officers who are selected 
for the army and the British service officers while stationed in 
India, remained contented throughout the service. With this object 
in view, they propose several practical and detailed suggestions 
regarding pay and pensions, consessions, travelling and detention 
allowances, medical attendance, family pensions, funds, etc. They 
are convinced that each mounted officer should bo provided, free of 
charge, with the authorised number of chargers, as also hospital 
accomodation for wives and families of British officers in places whore 
European doctors are available. In applying the uniform rate of pay 
to all British officers in India or in service olsewhei'3, the Committee 
suggest that the present system of fixing the pay on rupee basis 
to be continued, that the pay of the ranks of officers bo assimilated 
to consolidated pay of British service officers in India of corresponding 
rank and length of service, that all officers bo given anallowanco of 
Es. 100 per month, except when serving as departmental or staff 
officers on consolidated rates of pay, that the consolidated p;iy 
should include the element of certain overseas or expatriation 
allowance, etc. In making some improvements in barracks acco- 
modation, state of regimental institutes, Church parade .service, etc., 
the Committee remark that the present day soldiers have neither 
deep-seated discipline nor long-suffering patience. Their responsible 
aspirations muwt, therefore, be met and their idiosyncracies 
sympathetically studied if they are to be contented while serving 
in India. 

Disabilities of Indian Officers. 

In regard to Indian officers, the Committee assort that there 
is ii feeling among them that they can never rise higher in rank than a 
Kisaldar-Mujor or Subedar Major. Their disabilities are due to want 
of education, which is now one of the essential conditions of leader- 
ship. Nevertheless, it is not forgotten that they have displayed 
devotion to duty which is beyond praise. All Risaldars are placed 
on the same scale of pay, and specified recommendations are also 
made regarding additional regimental pay of Indian Adjutants and 
Indian Quartermasters of the units, as they are usually the best 
educated and smartest of young Indian officers. Believing that it 



INDIAN ARMY itEVORm 157 

would bo much to tho benefit of the country, some of the bravo and 
loyal gentlemen are given opportunities to fit themselves to compete 
on something approaching to equal terms with the sons of tho more 
wealthy classes. Tho Committee welcomed the establishment of 
the Kitchener College, which seems likely to moot the need. Tho 
Indian members of the Committee raised the question of instituting 
an Indian Sandhurst, but they agreed eventually that the time is 
not yet ripe for the consideration of such a scheme. 

Family Pensions. 

In regard to family pensions, the Committee feel very strongly 
that any Government which sends a married soldier of any race to 
war in which he loses his life, should be actually responsible for 
providing pension sufficient to keep his widow and children from 
want, and should not make its contributions dependent on tho 
intricacies of family system into which it cannot penetrate. Any 
grants of lands to soldiers should be on "service terms," and grants 
of land abroad to deserving Indian officers and soldiers should be 
kept in view by tho Government of India, and if possible, land in 
British Guiana or East Africa might be granted to Indian settlors. 

Part VI Indian Territorial Force. 

The Committee regret the response to the Indian Defence Force 
(Indian Section) was nob encouraging, except the working of tho 
University Corps which offered the bost material for a Territorial 
Force. They, however recognise tho need for a National Defence 
Force, but apprehend some practical ditiicultios. They insolently noto 
that some students, who were members of the Indian Defence Force, 
took part in tho Panjab disorders last year, and tho highest military 
authorities, therefore, they say do not want to run more risks than 
necessary, so that the same force, which they may organise, may not 
bo used against them ! 

The highest military authorities in Ii.clia accept tho tho 
principle of a national defence force and are of tho opinion that 
it is one to bo encouraged. But- they add : "Not only have we to 
bear in mind the risks that we run in organizing a force that may 
bo used against us in one way or juioiher, but we have to cieato or 
revive tho necessary military qualities in. a collection of different 
races who are striving under our control to evolve a common 
nationality, and with it the ideal of national participation in the 
defence of their country. We do not want to run more risks than 
is necessary : we do not want to interfere undually with religious or 
loccal customs and ideals, and we do not want the country generally 
to get tried of what is admittedly an experiment before the desired 
result is attained.," 



158 THE EMEU COMMITTED HE f OUT 

The recommendations of the committee are : 

(1) The proposed force must not impair the efficiency of the 
regular army, or compete with it in recruiting among classes from 
which the army has hitherto been drawn. While it will primarily 
be limited to the urban population and the universities, other classes 
on which the army has hitherto not drawn will not be excluded. 

(2) The formation of the force should riot be made a reason 
for reducing the strength of, or expenditure on, the regular 
army. 

(3) It should be co-ordinated with the regular army and be 
under control of the military authorities ; the establishment of a 
unit should be the same as that of a regular unit ; the organization 
and training should bo carried out with a view not only to aiding 
the civil power in maintaining internal security, but also to sharing 
eventually in the duly of defence against external aggression. 

(4) The co-operation of Provincial Governments should, as 
far as possible, be secured, and local advisory associations should bo 
established to assist in recruiting arid in providing funds and facilities 
for subsidiary purposes which cannot be met from the military 
grants. 

(5) Enlistment should be voluntary, between the ages of IcS 
and 30, with liability for general service in India, and for a period 
of four years which may be extended if recommended by the 
commanding officer. 

(6) Training of cadets in schools should be limited to physical 
train-ing and drill without arms. 

(7) University companies should bo encouraged, but strictly 
limited to the students and staff ; the men should take their 
discharge on completion of the university "course, but should bo 
eligible for transfer to a non-university unit. Rural units or 
companies should bo discouraged, if likely to compete with regular 
recruiting. 

(8) Liability for general service in India should bo insisted 
on from the start ; without it, there is little prospect of Ihis force 
ever becoming an asset of any military value. 

(0) Training should bo arranger! for all units by the military 
authorities, in consultation with the advisory committees, so as to 
interfere as little as possible with normal avocations or studies. 

(10) Pay and allowances should be at Indian Army rates 
during periods of annual training or embodiment ; in the case of 
university corps, for the period of tho annual camp only. 

(11) A limited number of specially selected British officers 
r.#., commanding officers, second-in-command and adjutant with an 
instructional staff of non-commissioned officers, should be attached 



ON INDIAN ARMY KEF011MS 159 

to each unit. The commanding officer and second-in- command 
be replaced by Indians as the latter become trained ; and in time 
Indian officers holding King's commissions and possessing military 
experience might also be employed with these units. The adjutant 
and instructional staff should always be drawn from the regular 
army. Special facilities should be given by the military authorities 
for the training of officers for appointment to, and promotion in, 
commissinod ranks, on lines similar io the Indian Defei ce Force 
(British section). 

(12) The force should bo under the Commander-in-Cheif, 
general control being exorcised through n Director of Auxiliary 
Forces at Army headquarters and the local military authorities ; it 
should take the plaoo of the present Indian Defence Force (Indian 
section) which being only a temporary war organization disappears. 
Local Governments and associations should be consulted as regards 
the recommendations for commissions und promotions among 
oti ice rs. 

(1.3) The form of tlio commission to bo granted in this force 
is a matter that will require careful consideration. Advanced politi- 
cal opinion, which in this respect is strongly supported by our 
colleague Sir Krishna Gupta, asks for the grant of King's commi- 
ssions to the territorial officers ; but Indian officers now holding the 
Viceroy's commission would undoubtedly resent the grant to these 
officers of a status which for good reasons is withhold from them- 
selves. We feel that it would bo premature to make any definite 
recommendation at this stage, as so much must depend on the 
manner in which the experiment develops. 

As to how the units should be raised, the Commit loo say that 
to start with some 12 units, mounted or dismounted, might be 
raised in the following areas : 

Bombay, Madras, Bengal with Assam, United Frounces 2 each. 
Punjab, Bihar, Burma and Central Provinces ... 1 each. 

In each of the four large provinces one of the units might be a 
university corps and in the remaining provinces the single unit- 
might be composed partly of university and partly of general 
companies. The force might be styled the "Indian Territorial 
Force" 

Part VII Indian Marine. 

Part VII deals with the Indian Marine. The Committee urge 
that the operations of the Indian Marine Service Act be extended 
so as to include of waters west of Suez in order to legalise the disci- 
plinary action taken by the Marine Officers in that part. Further, 
it would be advantageous to hand over the lighting of the entire 



160 THE USHER COMMITTEE REPORT 

Indian cost, including Persian Gulf, to the service. The Director, 
Eoyal Indian Marino, should be a Hear Admiral on active list with 
the status of a Secretary to the Government of India, with powers 
to approach the Viceroy. The office of the Director should be in 
Bombay, while his Deputy should remain at the headquarters of tho 
Goveinment of India. .Regular recruitment should be done as in tho 
army, with headquarters at Katnagiri. Suitable Indians should bo 
given opportunities for education in tho higher branches of soa-mem- 
.bership, marine engineering, etc.. The Committee consider it desir- 
able that tho Royal Indian Marino should bo extended to enable it to 
undertake policing the Persian Gulf, and they feel confident that the 
raising of the status of the Marine service would make it fit to meet 
both peace and \\ar requirements. 

Part VIII Indian Army Reserve of Officers. 

Part VIII deals with a number of supplementary questions 
referred to the Committee by tho Government of India for advice. 
Lord Eshor and General Du Cane are not, therefore, responsible for 
these recommendations. The Commitco, after examining the exist- 
ing regulations relating to the Indian -Army Keservo of Officers, 
suggest these regulations should be so recast as to require all officers 
now under this reserve to relinquish their appointments and now 
reserve of officers for army in India be formed with a fixed establish- 
ment to be calculated for each arm and branch of the service on the 
basis of probable requirement in tha event of war, with the result 
that this new reserve of officers would be organised with reference 
to tho needs of tho Army in India, whereas the existing reserve is 
for the Indian Army alone. This reserve would as well as provide 
the officer reinforcement for all the units 'serving in India, British 
and Indian alike. The Committoo further advise that regimental 
followers should bo enlisted and trained to arms sufficiently. 

Miscellaneous. 

Coming to the military staff clerks, the Committee urged military 
soldiers should be sparingly used for clerical duties, and that the pay 
and privileges of clerical assistance in principal branches of head- 
quarters should be the same as those in the Government of India Civil 
Secretariate. 

Provision of an adequate staff of Army Chaplains is required to 
meet the needs of various denominations. 

The Committee further think that the transfer of responsibilities 
of policing the Northeast Frontier is riot justified, and hold that the 
existing system, under which Burma and Assam military police are 
controlled by the Local Governments, should not be 



1920] CONCLUSION 161 

Part IX Concludes the Report It runs as follow3 : 

1. We have now completed the task assigned to ns. We have 
examined the conditions obtaining in the army in India at the close 
ofauarof unprecedented magnitude. Many changes are needed, 
and they should riot be postponed. The army in India is not 
immune from the general unrest prevailing throughout the world. 
Liberal and sympathetic treatment at the present time, and the 
removal of such grievances as wo have shown to exist, should go far 
to secure contentment for the future. 

2. In our proposals relating to the higher command and to the 
organisation of Army Headquarters, our main endeavour has been to 
relievo the Commander-in-Chiof of all work that can equally well bo 
performed by his subordinates. Wo have followed in many respects 
the organisation of the Headquarter Staff of an army in the field, 
since wo consider that the work of Army Headquarters in India 
approximates moro nearly to field conditions than is the case at the 
War Office. Wo have limited, so fai as is consistent with efficient 
working, the number of officers with direct access to the Commandor- 
in-Chief. 

3. We have laid special stress on the necessity for decentrali- 
sation in India, and for diminishing the detailed control exercised 
by the India Office. Wo hope, that if our proposals aro agreed to, 
there will not only bo a considerable decrease in correspondence, 
but that moro rapid decisions will remove such discontent as is now 
caused by delay. 

4. Our principal aim has been to promote the efficiency and 
contentment of tho army in India, and to secure that the Govern- 
ment of India will have at ils disposal a well-trained and loyal army, 
fit to take its share in tho defence of tho Empire. 

5. In submitting our recommendations, we have borne in mind 
that many of thorn will entail increased expenditure. Wo are aware 
that the piesent cost of the army in India (1920-21) is alreadj 
double tho pre-war cost. We have therefore been actuated through 
out by duo regard for economy, but we have not refrained frorc 
recommending relatively costly measures, where we are satisfied thai 
these are essential to the contentment and better administratior 
of the army. 

6. Our proposals will further increase the annual cost of tb< 
army in India, But although the immediate effect of adopting 
them will be to set up a higher standard of normal expenditure 
we do not contemplate the probability of this standard being in 
creased, at least for some years to come, above what can be me 

21 



162 THE ESHEE COMMITTEE REPORT [JUNE, 22 

from the normal growth of Indian revenues. It is admitted that 
tho first concern of any Government should be defence from external 
aggression, and the maintenance of internal tranquillity. With the 
prospect of industrial and agricultural development in India, tho 
revival of trade, and the disappearance of freight difficulties, it is 
hoped that tho revenues of India may expand sufficiently to enable the 
needs of the army to bo satisfied without detriment to other claims. 

7, Fresh standards have boon sot up ; existing services require 
reorganisation, arid new sorvicos have to be developed and equipped. 
There is much loo-way, too, to bo mado up in improving accommo- 
dation in conformity with modern requirements. All those will 
involve heavy initial expenditure. Wo venture to suggest that it- 
might bo advantageous, from tho point of view both of finance and 
of military administration, to adopt a system somewhat on tho fol- 
lowing linos : 

(i) Tho military authoiities should first prepare a programme 
showing the capital expenditure entailed by measures 
such as those indicated above. 

(/>) Tho Government of India would thus bo in a position to 
gauge their liabilities, and to decide to what extent 
they could be met, and over what period tho program- 
me should bo spread ; and could proceed to obtain tho 
Secretary of State's sanction, where necessary, to the 
expenditure involved. 

(c) The Government of India might then arrange to give a 

definite allotment (over and above the sum required for 
the ordinary yearly upkeep of tho army) towards the 
carrying out of this programme of special expenditure. 
This allotment should bo expressed in terms of a total 
sum, to be spread over a fixed number of years. Lapses 
in the yearly allotment should bo carried forward into 
the following year's budget, and remain at tho disposal 
of the military authorities for the carrying out of this 
programme. Within tho amount of the special provision 
the military authorities should have a free hand in 
deciding to which of the measures in the programme 
priority should be given. The accounts relating to tho 
expenditure on these measures should pro-forma be 
maintained separately. 

(d) Subject to these conditions, the military authorities 

should 1)6 required to work strictly to the annual bud- 
get provision for the upkeep of the army, except in so far 
as this may prove impossible owing to unforeseen causes, 



1920] CONCLUSION 163 

such as military operations, or increases in the cost of food- 
stuffs, etc., occurring in the course of the financial year. 
8. The Indian army is the instrument of the Government of 
India, by whom it is paid and administered, subject to the general 
control of the Secretary of State for India. We consider therefore 
that, subject to such control, the Government of India should be 
the final authority in matters connected with the pay and allowances 
of officers and men of the Indian Army, wherever they may be 
serving. We find it necessary to state this view, as we have been 
informed that the more liberal terms recommended by the Govern- 
ment of India have been rejected in several cases on the ground that 
all charges on account of officers and men of the Indian Army, serving 
overseas, are borne by His Majesty's Treasury. This does not 
appear to us to be a valid reason why terms of service should be 
prescribed which are at variance with the express recommendations 
of the Government of India, and which result in the creation of 
numerous inequalities in the rates of pay of officers serving overseas 
with formations containing Indian troops, or performing duties 
analogous to thoss of corresponding appointments of India. 

The Government of India have no voice in deciding the rates of 
pay of officers and other ranks of the British Army, though increases 
in these rates materially enhance the cost of the Army in India, 
which is entirely borne by Indian revenues. Just as the security 
of India demands the presence of those British troops, so the fresh 
military obligations devolving on the Empire as a result of the war 
necessitate the employ men t overseas of considerable numbers of 
Indian troops. We consider that the Government of India have the 
right to cjaim, as an essential condition of lending their troops for 
such duties, that they should bo the final authority in all questions 
of pay and allowances, subject always to tho control of the Secretary 
of State for India. This right needs to be explicitly safeguarded. 

ESHEK. 

M. F. O'DWYER. 

H. V. COX, Lt.-GciK 

H. HUDSON, Lt.-Gen. 

G. FELL. 

WEBB, GILLMAN/Maj.-Gen. 

UMAK HAYAT. 

K. G. GUPTA. 

C. M. WAGSTAFF, Colonel, 

Secretary, 
22nd June, 1920. 



Minute by 

Sir Krishna G. Gupta. 

I have signed the Beport, because I believe that the Civil 
Government of a country must have in the future, as it has had in 
the past, a potent and effective instrument in the army, for repelling 
external aggression and maintaining internal peace, and because I 
agree with my colleagues that our proposals, if adopted, will greatly 
increase the efficiency of the Army in India. I wish, however, to 
make a few observations, not by way of dissent, but rather as 
supplementing what has been said in the Kepoit. 

2. It seems to me that the great importance of the momentous 
declaration of policy made in the announcement of August 1917 
has not been sufficiently realised. The British Government have, 
in clear and unmistakable terms, aflirmod their future policy in the 
Governance of India, m., increased association of Indians in all 
branches of the administration, and the introduction of responsible 
Government with a view to place India on the road to the attainment 
of Dominion status ; and this policy has been retfirmod in the 
preamble to the Reforms Statute which was passed last year. 

3. From the battle of Plassoy in 1757, When the East India 
Company acquired for England her first footing in India, till 1858, 
when the Crown assumed the direct Government of India, the 
principle underlying all measures was the maintenance of British 
domination and supremacy. In accordance with that principle all 
power, authority and control, whether civil or military, was 
concentrated in the hands of the British bureaucracy, and Indians 
were relegated to very subordinate positions. 

4. As a legacy of the unhappy events of 18*57, a fooling of 
distrust now further supervened and permeated the whole policy of 
army administration. Indians had always been excluded from the 
King's commission. A new restriction establishing a ratio of two 
Indians to one European was introduced into the rank and file. 

5. Ever since the assumption of the Government by the Crown 
there has been a steadily widening difference in policy between the 
civil administration and the army organisation. During the last 
half-century measures have been taken to extend the Indian elemerjt 
in the higher branches of the civil administration, and in later years, 
to introduce the principle of representation in the Legislative 
Councils which culminated in the Statute of last year. On the 
military side, however, the tendency has boon to -make the grip 
closer and tighter, so as not only to keep the Indians out of ill 
superior positions, but also practically to exclude them from the 



1920] Silt K. G. GUPTAS MINUTE 165 

artillery and various other services, which form essential branches of 
the army organisation. 

6. But now that a solemn declaration of policy has boon made, 
such a distinction must no longer bo observed, if that declaration is 
not to remain a dead letter or a mere pious wish. Distrust must 
now give place to confidence. It is not enough that the civil 
administration should be democratised and placed on a representative 
basis, but Indians should also bo eligible for positions of trust and 
responsibility in the army. The adoption of measures which shall 
make the Civil Government responsible to the people does not, in 
itself, make a country autonomous and self-governing, nor can it 
ever become so, as long as the administration of the army remains 
in other hands. 

7. In the covering letter of 3rd November, 1919, submitting 
Part 1 of the Report, it has boon observed that "we desire 
also to mention that we have been requested in considering our 
recommendations to avoid, if possible, framing them in such a 
manner as may hereafter prove inconsistent with the gradual 
approach of India towards a Dominion status." 1 was not a member 
of the Committee when that letter was written. If I had been, I 
should have urged that our recommendations should not only bo 
not inconsistent with Indian autonomy, but that they should bo so 
framed as to help India to attain the goal which had boon sot down 
for her. I should be failing in my duty to the British Government, 
and unfaithful to my country, if I did not take this opportunity to 
express my conviction that we can peacefully attain national unity 
and full responsible Government only through the sympathetic help 
and guidance of Great Britain, and that it is therefore to our 
advantage to remain, so long as we can do so with duo solf-rcspcct, 
a component part of the groat British Empire. But if wo aro to 
achieve this goal of national unity and full responsible Government, 
it is nccc&sary that tho British Government should completely change 
their angle of \isionin regard to military administration in India, 
and that they should bo prepared to share tho control of the army 
with tho people of tho country. 

8. To that end several measures aro urgently called for, and 
I shall briefly touch on them : 

(a) Tho superior ranks of every branch of tho army, including 
the Artillery, Air Force, Engineers, Transport and Supplies, etc., 
should be freely open to qualified Indians, and for this purpose the 
number of King's commissions to be given to Indians should be 
materially increased every year. A better method of selection than 
that which obtains at present should also be adopted, so that not 
merely the scions of wealthy families, but the best qualified candi- 



166 THE EtillEll COMMITTEE IMPORT I.TUNE, 22 

dates, irrespective of birth or creed, will have a chance of competing. 
As in every other country, so in India, it is the educated middle- 
classes which must furnish the largest contingent of officers, 

(b) Enlistment for the regular army should not be restricted 
to what are called martial races. The result of the present policy 
has not been completely satisfactory. It has thrown an unusually 
heavy military buiden upon one province the Punjab, the evil 
effects of which are already becoming apparent, it has taken the 
field of recruitment outside the borders of British India bringing 
into the Indian Army men who are not British Indian subjects, 
such as the Pathans from the North-west Frontier and the Gurkhas 
from Nepal. The trans-frontier Pathans have been discredited, and 
no longer form any appreciable part of the Indian Army. The area 
of recruitment should, therefore, be extended to all parts of India 
and everything should be done to stimulate the martial and patriotic 
spirit, which decades of neglect and discouragement have depressed 
but never wholly extinguished. 

(c) No effort should be spared to make the Territorial Force 
a success and a real adjunct to the regular army. 

(d) The practice of oflicering the Indian Army by regular 
periodical drafts from Europe is not only very costly but it is harmful 
to the best interests of India in another way. The British officer 
leaves the country generally in the prime of life, so that all his 
ability, knowledge and ripe experience are lost to it. 

(e) Steps should bo taken in duo course to establish in India 
training and educational institutions for all branches of the army. 
At present almost all the training of the superior officers is done in 
England. This is an inconvenient arrangement for India and will 
become impracticable when more Indians get King's commisbions. 
The best Indians may bo prevented by cost alone, among a variety of 
reasons, from coming to England for training. The admitted 
success of the Quctta Staff College, and also of the Officers' College 
at Indore, shows that it is not a difficult matter to arrange for 
training in India. To start local institutions may appear costly 
at first but will bo cheaper in the end. Besides, India must 
gradually bo made self-supporting in every respect. We have 
advocated the adoption of this policy (Part II, Section I) as regards 
supply and munitions. The same reason holds good oven with 
greater force for the application of that principle to the personnel 
of the army. 

(/) The imported article, whether personnel or material, must 
necessarily bo more costly than that which can be obtained at home. 
The British soldier roughly costs three times as much as the sepoy. 
The proportion is not so high in the case of the officer, but the fact 



1920] SIS UMAll HAY ATS M1KVTE 167 

that the British officer has to be remunerated adequately tends to 
raise the scale of pay of the Indian officers and thus adds to the 
total cost of the army in India. Our proposals must add largely to 
the army expenditure, which is already high, and the only way of 
introducing economy without impairing efficiency is gradually to 
increase the Indian element in the ranks as well as in superior 
positions. 

K. 0. GUPTA. 
Wntl .Twit', /MO 

Minute by 

Sir Umar Hayat Khan 

We have in Part III of our Report made certain recommenda- 
tions on the subject of scouring liaison between the civil and military 
.authorities in obtaining information of attempts made by agitators 
to spread disaffection. I would go further and advocate drastic action 
against all such agitators, who should be rigorously excluded from 
all cantonments or districts where their activities may be a cause of 
possible contamination. 

During the sessions of the Army in India Committee I was too 
busy to go to Sandhurst and make enquiries about the Indian cadets 
there. I have since learned that their progress, generally speaking, 
is far from satisfactory. It seems very doubtful whether all will 
qualify for commissions or will bo suitable for commissions, and 
whether those who do qualify will be willing to serve for more than 
a short period in the Army. The inference is th.-it some at least of 
the cadets selected for Sandhurst were not of the right class, as I 
predicted in a note on the subject written in 1915 and placed before 
the military authorities. 

If this mistake is net rectified in the future, the number of 
commissions alloted every year to Indians will fall far short of what 
it was intended to be, and public money, as well as the time of the 
cadets and their instructors, will be wasted. I would suggest that 
the shortage, which occurs owing to the selection of candidates of 
the wrong type, should be made good in the following years, so as 
to secure the full sanctioned number of Indian officers with King's 
commissions. 

I have already pointed out that the army should not be allowed 



168 THE ESHER COMMITTEE REPORT [JUNE, 22 

external aggression. I desire to emphasise this further, in view of 
what I have since learnt of the recent happenings in India. They 
force me to suggest that the reforms in the army should be introduc- 
ed on more cautious lines. In the last disturbances attempts were 
made to tamper with the army, as was done in the Mutiny of 1857, 
but the bulk of the army was away, arid, as many of tho units had 
just returned from the war and had seen the might of tho British 
Government, they were not, with very fow exceptions, carried away 
by tho intrigues of tho revolutionaries. 

Just as it is necessary, in the interests of efficiency, to have old 
and seasoned soldiers amongst the ranks of tho Indian Army, it is 
eqally essential to stiffen it by the British element, i. o., by British 
units, however expensive it may bo. Tho necessity for this I have 
seen myself in various campaigns, especially in tho last war. There 
have been occasions when it was only tho presence of British units 
which kept tho Indian troops staunch, it must not bo forgotten 
that, while British troops are fighting for the integrity of tho 
Empire, the Indian soldiers, gallant though they have often shown 
themselves, cannot have the same inducement to fight for a distant 
Ra], and therefore require the stiffening which British troops afford, 
I hope that reformers with Utopian ideas will not persuade tho 
Government to depart from this sound and established policy. If tho 
revolutionaries succeed in bringing about serious trouble coupled 
with tho mutiny and foreign aggression, before India is fit for self- 
Government, it will cause a set-back to India which will be detrimental 
to all classes, particularly those who have any stake in tho land. 

To recruito from tho classes which lack the martial spirit or 
military traditions would bo a great mistake, as they would never 
stand the strain of war. If tho lino is broken on the weak spot 
where sush troops aro holding it, the other portions, oven if hold 
by tho best troops, may have to be abandoned, arid this may bring 
disaster in its train. This remark would equally apply to both officers 
arid soldiers recruited from such material, and to enlist them would 
not only be a waste of time and public money, but would be 
inadvisable, as already illustrated by an experimental regiment of a 
certain class during the war. 

I would strongly urge that any chance in the composition or 
organisation of the army connected with the Reforms, or any other 
alteration in the angle of vision, should be only introduced when all 
these experiments have first been proved successful and have stood 
the test in every other department of Government. 

UMAR, HAYAT. 
22nd June 1920. 



Recommendations 

of the 
Chemical Services Committee 

The Chemical Services Committee, was appointed by tho 
Government of India in Ootohor 1919, under the presidentship of 
Professor J. F, Thorppe. Its report was published in 1920. 

The terms of reference to the Committee were : 

(1) To consider whether an All India Chemical Service is the 
best and most suitable method of overcoming the difficulties and 
deficiencies pointed out by the Indian Industrial Commisson. (2) 
In the event of the Committee approving the principle of an all India 
Service, to devise terms of recruitment/ employment and organi- 
sation ; to indicate the extent to \vhich chemists already in Govern- 
ment employ should be included in that service ; and suggest what 
should be the Delations of the proposed organisation with the public and 
with Departments of the Government of India and local Govern- 
ments. (3) In particular to frame proposals for the location, scope 
and organistion of institutions for chemical research. 

The following is the summary of recommendations : 

(1) That a Chemical Service should be constituted. 

(2) That the Service should be called the Indian Chemical 
Service. 

(3) That the Service should be controlled by a Director 
General. 

(4) That a Central Imperial Chemical Research Institute should 
bo erected at Dehra Dun under the Director General of the 
Chemical Services as Director, assisted by a number of Deputy 
Directors. 

(5) That each Deputy Director should be in charge of a 
separate Department and that in the first instance there should bo 
four Departments, a. Inorganic and Physical Chemistry, b. Organic, 
c. Metallurgical Chemistry; d. Analytical chemistry. 

(6) That a Provincial Research Institute under the control of 
the local Government should be erected in each Province near the 

22 



170 RECOMMENDATIONS OF THE 

chief seats of industry in that Province, and that each Provincial 
Research Institute should be under a Director of Research. 

(7) That the functions of the Central Imperial Institute should 
be as follows : 

To create new industries and to carry out the development of 
new processes up to the "semi large" scale, or further if necessary, 
to investigate those problems of a fundamental character arising 
from the work of the Provincial Institutes, which have been trans- 
ferred to the Central Institute by the Local Director of Research in 
consultation with the Director-General. Such problems will be those 
which have no apparent immediate practical importance but which 
in the opinion of the Director-General and the Director of Researches 
are likely to load to the discovery of fundamental industrial impor- 
tance affecting the industries of the country generally ; assist in the 
co-ordination of the work in progress in the Provinces, both by 
moans of personal discussion between the officers of the central and 
Provincial Institutes during the course of the tours made by the 
Director-General and the Deputy Directors, and by means of periodi- 
cal Conferences of Provincial arid Imperial officers ; to carry out 
such analytical work as may be required and to correlate the 
methods of analysis in general use throughout the country ; 
to maintain a Bureau of information and Record 
Office ; and to issue such publications as are considered 
necessary. 

(8) That the functions of the Provincial Resarch Institutes 
should be as follows : to maintain close touch with the works of 
chemists and with the works generally and to work out any problems 
which may be submitted to them ; to develop and place on an 
industrial srale new industries which have been previously worked 
out on the laboratory and "semi large" scale by the Central Imperial 
Institute ; to carry out such other work as may be necessary 
to establish and foster new industries peculiar to the Province ; to 
carry out such analytical work of a chemical character as may be 
required in the Province, and to ereet and control sub-stations in 
such parts of the Province as the development of industry may 
require. 

(9) That, under 8 above, arrangements should be made by 
which a firm supplying a problem should have the use of the solu- 
tion for an agreed period of time prior to its publication. 

(10) That members of the Service should be lent to private 
firms as occasion demanded and should, during the period of their 
service, be paid an agreed sum by the firms. 

(11) That the Resarch Institutes should not undertake manu- 
facture in competition with private enterprise, but that chemical 



CHEMICAL SEE VICES COMMITTEE 171 

1 ndustries developed in accordance with 8 above should be handed 
over to private firms as soon as practicable. 

(12) That, whenever necessary, experts' should be employed 
to establish chemical industries based on new process. 

(13) That the work of the Central Imperial institute should be 
controlled by a Board of which the Director- General will be 
Chairman and which will comprise the Deputy Directors arid such 
other persons as the Government of India may determine. 

(14) That the Central Imperial Institute should have no 
administrative control over the Provincial Research Institute, but 
that no appointment as Director of Research should be made with- 
out consulting the Directoi -General 

(15) That the Director General and Deputy Directors should 
visit Provincial research Institutes periodically and co-ordinate the 
work done in each. 

(16) That Chemists employed at Provincial Research Institutes 
should be appointed in the first instance by the local Government 
in consultation with the Director of research and the Director 
General. 

(17) That Chemists so appointed should be members of the 
Chemical Service and should be seconded for service under the 
Provincial Governments and be paid by them. 

(18) The Agricultural Chemists should not at present be 
included in the service. 

(19) That the relations of the Chemical Service to the Forest 
Department, the Ordinance Department, the Chief Inspector of 
Explosives, Assay Masters, the Medical Stores Department, the 
Geological Survey and other Governments employing chemists, should 
be as stated in Chapters V and VII. 

(20) That a Ministry of Science should be created as soon as 
practicable, as stated in Chapter XIII. 

(21) That recruitment to the Chemical Service should bo as 
described in Chapter XV. 

(22) That the Deputy Director in charge of Analytical Chemis- 
try should co-ordinate the methods of analysis in use throughout 
India and should act in an advisory capacity to the various Pro- 
vincial Government analysts who should be attached to each Pro- 
vincial Research Institute. 

(23) The Provincial Government Analysts should bo under 
the control of the Directors of Research and should take over the 
chemical work now carried out by the Chemical examiner and the 
Government Test House, 

(24) That the question of the connection of the Indian 



172 

Institute of Science, 'Bangalore with the Chemical Service should 
await proposals fron\ the Council of the institute. 

(25) That the location and equipment of the Central Imperial 
Chemical Eesearch Institute should be as described in Chapter X. 

(26) That the location, control and equipment of Provincial 
.Research Institutes should be as described in Chapter XI. 

(27) That a Bureau of Information and Record office, a 
Library, and a Museum should be attached to the Central Imperia 
Institute and to each Provincial Research Institute. 

(28) That the Central Imperial Institute should issue appli- 
cations as described in paragraph 71. 

(29) That a Chemical Survey of India should be carried out 
tit the earliest possible moment. 

(.30) That recruits for the Chemical Service should be trained 
in the manner described in Chapter VI. 

(31) That members of the Service should bo seconded to the 
Kducation Department and to University Institutions if required 
(Chapter VI.) 

(32) That the Government of India should give maintenance 
sind equipment grants to students to enable them to undergo the 
training in chemical researches required for recruitment. 

(33) That the position of the Director General and of 
Directors of Research should bo as described in chapter XIV. 

(34) That the pay, pensions, leave and allowances of the 
Chemical Service should be as detailed in Chapter XVI. 

(35) That liberal grants, free from the customary accounts, 
restrictions, should be given for the initiation of the scheme and for 
the development of industries through the medium of Chemical 
Research. 

Sir P. C Roy's Note of Dissent. 

The following note of dissent was submitted by Sir P. C. 
Roy:- 

t "On principle I am opposed 'ab initio' to the creation of an all- 
India Chemical Service. At the earlier stage of the foundation of 
the British Empire, there was no doubt need for the creation of the 
Indian Civil Service and the Indian Medical Service, arid, in the 
absence of suitable material in India for their recruitment from 
abroad. Now after an interval of more than 160 years under the 
enlightened auspices of the British Government, vast progress has 
been made in the intellectual development of India. We have 
graduates of local Universities occupying conspicuous and distio- 



SERVICES COJttMl'fTEE 173 

guished postitions as Advocate-Generals, Judges, Jurists, Surgeons 
Physicians and Scientists, etc, who can hold their own against their 
confreres in any country in Europe. 

"India is 'par excellence' a land of caste, and the "services" 
have become stereotyped into so many rigid castes. Naturally they 
are jealous of their vested interests, and are apt to fight tooth and 
nail against any improvement or innovation which clashes therewith. 
So glaring has the evil become that, in the considered opinion of India, 
this unhappy country exists for the "services " and not the "services" 
for the country. In short the "services" have become an anomaly, nay, 
a glaring anachronism. A man brought up under the inelastic and 
hide bound traditions of the " service " unconsciously imbibes all its 
prejudices and is apt to become overbearing, arrogant, narrow in 
outlook and limited in his angle of vision. The " service " system 
will have a demoralising effect as far as the spirit of research is con- 
cerned. The men will have gorgeous vistas of pay, prospects and 
promotion before them, and the pushful and clamourous will try 
to gain the ear of the Heads of the ''service." Under such a 'regime' 
I am afraid tho spirit of research will not be properly fostered. 

"It has been urged that while big industries will have trained 
chemists to carry on researches, the results arrived at by the " ser- 
vice " chemists will be of benefit to the small industries. But tho 
days of small industries are, I am afraid, numbered. In these days 
of fierce and keen world competition, and of powerful combines and 
trusts, industries started on a small capital will get short shrift. 

"The future industrial development of India no doubt re- 
quires a trained hand of chemists. But I doubt very much if the 
proposed institution of an All-India Chemical Service will best meet 
the requirements of the case. " Service " men are apt to be eay 
going and secure of drawing their monthly cheque. They cannot be 
expected to solve an industrial problem with that degree of zest and 
enthusiasm and personal interest which a research chemist, 
attached to an industry, is expected to bring to bear upon the question. 
Let me cite an instance based upon personal experience. During 
the exigencies of the recent war, the firm with which I have the 
honour to be intimately connected 1 mean the Bengal Chemical 
and Pharmaceutical Works was called upon to undertake, almost at 
a moment's notice, the manufacture on a largo scale of many chemicals, 
the supply of which from abroad, had been cut off. Some of our 
chemists proved equal to the occasion in an incredibly short space 
of time. They not only worked out the process but improvised plant 
for the manufacture, among other chemicals, of magnesium sulphate, 
alum, etc., by tons every day. One chemist worked out the process 
(or the manufacture of sodium thiosulphate, which extorted my 



174 SIH P. <?. HOY'S NOTE 

admiration. Another, who also rose to the occasion, invented a fire 
extinguisher, which secured very large orders from the Munitions 
Department. Now, had the manufacture of any of these on a largo 
scale been left to be worked out by departmental "service" chemists, 
I think that immense delay would have been involved, that the 
methods would have been found to be costly and unworkable, and 
that much precious time would have been lost in correspondence and 
cross-references. Departmentalism is an arsenal of delay and procrasti- 
nation. Its methods are apt to run in a grave, and as it has no 
living touch with any going concern, its ways degenerate into a dull 
dreary routine mechanically carried out. A research chemist, who 
is in the " Service" of industry, is put on his mettle. He naturally 
expects a share in the profits, or some sort of royalty, and he throws 
his whole heart into the work. Whereas a research chemist who is 
in the " service of Government is part of a system, which not only 
makes havoc of originality, but has tendency to chill initiative and 
resourcefulness. In short, work carried on through the agency of 
the " service," converts its votaries into lifeless machines. The me- 
thods of such a " service " will be dilatory and circumlocutory, 
especially if the laboratory happens to be situated at a great dis- 
tance from the firm which wishes to avail itself of its services. In 
the proposed scheme, no doubt Pioneer Factories are suggested in 
connection with the laboratory. I believe the immense industrial 
progress, which has been achieved in England and in Germany, has 
been due mainly to the close association of chemists with tho fac- 
tories and the works. A large manufacturing concern can at once 
set up machinery and plant required for the purpose, and can change 
or improvise them according to tho requirements of the case. Tho 
phenomenal progress of chemical industry in Germany is due to the 
fact that the large firms employ as many a.s 150 or 200 chemists, 
some engaged in research work, others in tho actual manufacture. 
I doubt very much if the proposed All-India Chemical Service will 
be of benefit to the country, commensurate with the heavy outlay to 
be incurred. 

My own view is that the best result would be achieved by 
improving the teaching of chemistry in the 1'idian Universities. The 
want oi a suitable and lucrative career has hitherto stood in the way 
of capturing the brilliant students for the pursuit of chemistry. Law, 
Medicine and other careers have naturally attracted them. No doubt 
the proposed chemical service with the recruitment to its cadre in 
India will give a fillip to the pursuit of chemistry. But the 'service" 
cannot afford careers to all but only to a limited few. Unless we 
can open out in India chemical industries, metallurgical operations 
etc, there is no chance of absorption of a continuous flow of chemists 



CHEMICAL SERVICES COMMITTEE 175 

India is a countiy of vast potential possibilities with its 
abundant supply of raw materials, of animal, vegetable and mineral 
origin, and there is ample scope for research work on these. When 
the industrial Commission made its recommendations for the creation 
of a Chemical Service the Keforms Scheme was in a nebulous condi- 
tion. Now that the bill has boon passed and has taken a definite 
shape with Provincial autonomy as its corner stone and Industry as 
a "transferred 7 ' subject, the laison detre for an All-India Chemical 
Service has almost ceased. Each Province grows on its own lines 
and according to its own traditions ; some provinces are highly 
advanced intellectually and scientifically, others are again miserably 
backward and lag behind in the race. If you start chemical research 
institute in a backward Province it will be something like putting 
the cart before the horse. Are people sufficiently advanced to profit 
by or to utilise it. Under the Reforms Scheme, it will be possible 
for each Government, backed by the Local Parliament to work out 
its own industrial salvation. That the local genius of the people 
plays a prominent part is best illustrated by the growth of the mill 
industry at Bombay. The Parsees arid the Bhattias did not await 
to be awakened to activity by extraneous aid offered by Government 
Departments. 

The plan which naturally commends itself to mo is that the 
different Provincial Universities should be encouraged to strengthen 
the staff of chemical teachers and to attract brilliant youngmon by 
the offer of research scholarships. Technological Institutes should 
be attached to each University as an adjunct to the chemical and 
physical Departments. In those, tanning, dyeing ceramics, enamelling, 
electrical and mechanical engineering, paper making etc., should be 
taught. If such Technological Institutes are attached to the Universi- 
ties much duplication of staff, of work and of costly machinery will 
be obviated. 

If you ha\'e to depend upon laboratory experiments. for the form- 
ing of industries, I am afraid we shall have to postpone these to the 
Greek calends. I know, for instance of a research laboratory in India 
where soap manufacture was undertaken on a laboratory scale. The 
product of this experiment has, however, been found to be of such 
inferior quality that it could not be put on the market. Besides the 
Bengal Chemical arid Pharmaceutical Works referred to above, I 
happen to be Chairman and Director of three or four other industrial 
companies that have recently been started, namely the Bengal 
Pottery Works, the Bengal soap Works and canning and condiment 
and other works. All these have been started with the help of 
experts trained locally or in Japan, England, Germany and America. 
The successful tannery works of Sir Nilratan Sirkar may also be 



176 SIB P. U. ItOFti NOTE 

mentioned in this connection. The late Jamshedji Tata also founded 
his colossal iron works with the help of technical experts imported 
from abroad. With the exception of the last named, the experts 
are all Indians trained abroad as I have said, and a very large 
number of B. Sc., and M. Scs,, are being trained under them, who 
will in course of time become experts themselves while even in the 
Tata Iron and Steel works, Indians trained abroad are slowly getting 
to occupy high posts in the various Departments requiring soionti- 
fic and metallurgical knowledge. 

With the progress in chemical education in India, qualified 
chemists will be turned out in numbers who will be readily absoibed 
by the chemical industries which are sure to spring up in course of 
time. 

In conclusion, I desire to state that, although I consider that 
the days of Government Services are over and that the development 
of industries by the agency of a Government Service is not the most 
suitable way of dealing with the problem yet I agree that if a 
Government Service is constituted, the proposals of the Committee 
represent the best method of constituting and carrying on such a 
service. It is for this reason that I have attached my signature to 
a report with the major portion of which I am in substantial agree- 
ment. The essence of the new scheme is the section on recruitment 
which has been drawn up by the distinguished President himself and 
fully endorsed by my colleagues. The principle that recruitment for 
the Indian Services must be made in India is one which 1 have long 
upheld hitherto without success. f[ shall have satisfied if this 
principle finds acceptance as a result of the Committee's report for 
it will afford a splendid opportunity to the youth and talent of India 
and will give a vigorous impetus to the pursuit of my favourite 
science amongst my country men. 



The Reformed Budget 

Rearrangement of Budget Heads 

For Imperial and Provincial Finance 



Cfowrnwflnt of India C'tinM-umqur //// flccrwltr 

The introduction of the Reforms will bring about a complete change in 
the financial relations between the Central and Provincial Governments, which 
will involve tome important change in the general form of accounts and in 
the prescribed ma,'or heads. The changes described below have received the 
sanction of the Secretary of State. They should be given effect to in the 
estimates and accounts commencing from the year 1921-22. 

1. Provincial Governments have hitherto had no separate 
revenues of their own, their resources being obtained mainly from a 
share of divided heads of revenue and from lump assignments from the 
Imperial reyenues. The transactions of the Imperial and Provincial 
sections have accordingly been combined, but shown under distinct 
divisions against each major head of revenue and expenditure in the 
general accounts and estimates. In future, however, definite sources 
of revenue, will be allotted to the Provincial Governments, and there 
will be a complete separation between the revenues and expenditure 
of the Central. and Provincial Governments, though all moneys receiv- 
ed from the resources of provincial revenue will be paid to the 
public account, of which the Governor-General-in-Council will conti- 
nue to be v the custodian. It will no longer be necessary, therefore, to 
record together the Imperial and Provincial transactions against each 
head of account. The accounts and estimates of the Government of 
India will, in future, embrace the transactions of the Central Govern- 
ment only under each head of account, the transactions of the Provin- 
cial Governments appearing in them merely as a nQt addition to, or 
withdrawal from, their banking account with the Central Government, 

2. At the present, all revenues realised and expenditure 
incurred in England, which are finally adjusted in the Home accounts, 
are treated as Imperial, irrespective of whether they pertain to an Im- 
perial, Provincial or divided head. In future, the incidence of 
revenue and expenditure will be determined by the division of sub- 
jects between the Central and Provincial Governments. The Secre- 
tary of State and the High Commissioner for India will maintain 
separate accounts of expenditure incurred in England on behalf of 
Provincial Governments and the revenue realised, if any, in respect 
of provincial subjects, and they will furnish to each provincial Govern- 
ment copies of the accounts and estimates relating to provincial tran- 
sactions. The net expenditure incurred in England, on behalf of 

23 



17* THE KEFOIiMED BUDGET 

oaoh provincial Government, will be charged to its balance in India 
at the end of each quarter. 

3. To avoid an inflation of the accounts and the resultant errone- 
ous impression as to the incidence of revenue in India, the working 
expenses of railways are at present deducted from the gross receipts 
and the net receipts are shown on the revenue side of the accounts. 
It has been decided that the same procedure shall be followed in the 
case of the other two commercial services, viz, irrigation works and 
posts and telegraphs. Accordingly, the working expenses of irriga- 
tion works and expenditure on revenue account, in respects of posts 
and telegraphs, will be shown in the accounts as a deduction from 
revenue interests, charges relative to the former remaining on the 
expenditure side. 

4. Gain or loss by exchange on the net home expenditure of 
Provincial Governments as also on the net outlay in England on 
the commercial services will, in future, .be credited or charged, as 
the case may be, to the Provincial Governments or to the Commer- 
cial Department concerned. A gain or loss in respect of the net 
expenditure of the Central Government not relating to the commer- 
cial services will be credited or charged in lump under the revenue 
or expenditure head " Exchange " in the Central accounts. This 
head will also record in the provincial accounts the exchange on 
the net home expenditure of Provincial Governments. For the 
purpose of these adjustments <he exchange will be calculated monthly 
on the basis of the average of the daily Calcutta Telegraphic tranfer 
rates on London during the month. A list of the major, heads of 
revenue and expenditure, as now revised, is also published. The 
changes introduced are explained below : 

I. The transfers now made between Imperial and Provincial 
revenue will be discontinued and they will be substituted therefore 
by fixed contributions from the Provincial Governments to the 
Central Government, and also fixed assignments in consideration of 
tho allocation to the provinces, of a share in the revenue realised 
from taxation on income. There may also occasionally bo some 
miscellaneous adjustments between the Central and Provincial 
Governments in respect of sei vices required by one to another. 
Tho adjusting hea<? "Transfers between Imperial and Provincial 
revenues," therefore, has been replaced by two new heads lk Contri- 
butions and assignments to the Central Governments by Provincial 
Governments " and " Miscellaneous adjustments between the Central 
and Provincial Governments/' The heads will be opened on both 
tho receipt and expenditure sides, the entry under the former head 
an expenditure side representing the payments by the Provincial 
Governments and the entry on the receipt side, tbe credits to the 



XEAMANGEMENT OF BUDGET HEADS 179 

Central Government. Ifc has also been decided that, with tho 
greater independence of Provincial Finance under the altered 
conditions, the present rule against inter-Provincial adjustments in 
Article 1337, Civil Account Code, shall bo rescinded. 

II, Each Provincial Government will be required in future to set 
aside from its resources a fixed sum every year for famine Insurance 
and the appropriation of 1 million a year hitherto made from tho 
Imperial revenues for famine relief, and the insurance now disappears, 
and with it also the head " reduction or avoidance of debt." The 
sums thus set aside by the Provincial Government will be devoted, 
in the first instance, to the outlay of tho construction of protective 
works, and, if necessary, on relief measures, the sum not required 
for these purposes being utilised in building up a famine insurance 
fund. The balance at the credit of the fund will be regarded as 
invested with the Central Government, which will pay interest on 
. it, and it will be available for application when necessary to any of 
the objects mentioned above, and also to the grant of advances to 
cultivators. In order to give effect to the above scheme for famine 
insurance by Provincial Governments, the major head "famine relief 
and insurance," which will come under the miscellaneous section, has 
been split up into sub-heads (a) famine relief and (l) transfers to 
famine insurance fund, (c) outlay on relief measures and (d) the 
transfer to a separate head in the debt section of the accounts of 
the annual appropriation to the famine insurance fund. As it is 
desirable that the entire outlay on relief in any year, inclusive of tho 
portion met from the balance at credit of the fund, should be shown 
as famine expenditure in the Provincial accounts, it is also neces- 
sary to open a head on the receipt side to show the transfers from tho 
famine insurance fund* to meet the famine outlay, and a new head 
"transfers from famine insurance fund" has, accordingly, been opened, 

III Under the present classification, charges on account of 
irrigation works are shown under five he^ds, viz,, (1) capital outlay 
on irrigation works ; not charged to revenue ; (2) outlay on protective 
works financed from the famine insurance grant ; (3) outlay on 
protective works financed from outside that grant; (4). working 
expense^ on productive and protective works ( collectively designa- 
ted major works ) including interests on debts ; and (5) minor work* 
and navigation. The receipts are classified under two heads, (1) 
major works and (2) minor works and navigation. The basis of tho 
existing heads is thus a classification of irrigation works into major 
and minor works. This distinction is now, however, based as the 
nomenclature would apply on the size of the works. Major works 
are works, the funds for the capital expenditure on which are 
provided wholly or mainly either from borrowings or Irom tho 



10 THE llEfQlitiED XUDGE1 

insurance grant, with the additional reservation that they must be 
ausceptible of having reliable capital accounts kept of them, while 
minor works include all workp not classed as major and met wholly 
from revenue. A distinction based on the source from which 
capital expenditure is met, cannot, however, be retained under the 
Reforms Scheme, especially as borrowed funds will not hereafter be 
required to be applied to productive works only, and it will be 
permissible to finance from borrowing unproductive as well at 
productive works. It has, therefore, been decided to replace the 
distinction between major and minor works by a classification based 
on the productivity of the works, and the transactions relating to 
irrigation works will, in future, be exhibited in the accounts as 
follows : (I) The outlay on the construction of irrigation works not 
charged. to revenue will be shown under a single major head outside 
the revenue account as at present, but sub-divided into productive 
and unproductive ; (2) The outlay on the construction of irrigation 
works charged to revenue will also be shown under a single major 
hea^ iu the rvenue section sub-divided into (a) works financed 
from the famine insurance grants and (b) those financed from 
ordinary revenues ; (3) The receipts and charges relating to water- 
ways and navigable channels and to embankments and other purely 
agricultural works will be separated off from those relating to 
irrigation works proper and shown under a separate head " water- 
ways and embankment "; (4) For the purpose of showing the 
maintenance charges, irrigation works will be divided into two 
classes, viz, those for which capital accounts are kept and those 
for which such accounts are not kept, and each of these classes 
will be represented by a distinct major head in the revenue 
section of the accounts, the latter of which will also include 
miscellaneous expenditure on surveys of irrrigation prospects, cic\ 
(5) The works for which capital accounts are kept will be further 
bub-divided into (a) productive (I) protective and (c) unproductive 
works, direct receipts of working expenses and the portion of laud 
revenue due to irrigation being shown on the receipt side, separately 
in respect of each of these classes of works and the interest charges 
on the expenditure side. It has also been decided that for the 
purpose of determining the productivity of an old work developed 
by the British Government the' capital expended by that Government 
be regarded as capital at charge, on which interest is chargebld, 
and that when a work which was expected to be productive proves 
to bo unproductive as defined in the Public Works Department 
Code or vice versa, the necessary transfer of booked outlay between 
the productive and unproductive classes of works be effected so 
as to bring the accounts iuto accord wiuh fact 



REARRANGEMENT OF BUDGET HEADS l8l 

IV The outlay on the construction of rail ways charged to revenue 
is now shown under three distinct heads, (a) construction of 
protective railways, (6) construction of railways charged to revenue 
in addition to that charged under famine insurance and (c) 
construction of railways charged to provincial revenues. It has been 
decided to provide a single head in place of these three, the 
incidence being central or provincial, according to the source from 
which the funds for construction are provided. 

V The present capital outlay on telegraph lines is shown under 
a minor head subordinate to the major head Post and Telegraphs. 
Petty outlay on buildings up to Rs. 2,500 is treated as contingent 
expenditure of the department, and the outlay in excess of this 
amount is adjusted as a charge of the Public Works Department 
The Post and Telegraph Department, is a commercial department 
and it is desirable that all expenditure incurred on its account should 
be brought together. A new head has, therefore, been opened on 
the expenditure sicte to record all expenditure of a capital nature, 

VI Substantial sums are now being set apart from revenue for 
the purchase and cancellation of the long term loans which have 
been floated in recent years, while provincial Governments may 
hereafter devote the borrowed funds to unproductive purposes, 
provided they establish the sinking funds for the discharge of 
the unproductive liability. It is desirable, therefore, to introduce 
a separate head to show the application of these funds and a new 
head " sinking funds " has been opened under the section relating 
to interest charges. 

VII A new major head " currency " has been opened on both 
sides to bring together the receipts and charges on the accounts 
of the Currency Department, which are now scattered over several 
heads of accounts, and owing to the growing importance of the 
expenditure involved, seperate heads have been provided for expen- 
diture on "audit and civil aviation." The existing head "Scientific 
and miscellaneous Departments," has been split up into three major 
he&ds on the expenditure side ri?. "Industries" or "Scientific 
Departments" and "Miscellaneous Department," and two on the 
receipt side, n>., "Industries" and "Miscellaneous Departments." 
Annexure 2 shows tho distribution of the existing minor heads 
between the throo expenditure heads. On the receipt side, the 
transaction relating to the Scientific and the Miscellaneous Depart- 
ment will appear under the head "Miscellaneous Department." 

VIII To discriminate the Stamp receipts pertaining to 
commercial and court-fee stamps, respectively, tho head "stamps" has 
been subdivided into nou-judical and judicial, both on the receipt and 
expenditure side. The expenditure head "general administration" 



182 ftiE llEfOltMEb BUDGET 

will be split up into four sub-heads of Provinces, Legislative 
bodies, Secretariat and the headquarters establishment, anil the 
Commissioners and the head "Education" into five sub-heads both 
on the receipt and expenditure side, m, university, secondary, 
primary, special and the general. 

IX The head "provincial rates" on both the receipt and expend!* 
ture side has been abolished. No expenditure is incurred under that 
head at present, while the receipts are insignificant and may suitably 
be included under land revenue. The charges for refunds and assign- 
ments at present follow the incidence of the head of revenue to which 
they relate, being central or provincial, according as the correspond- 
ing revenue head is central or provincial, There is no particular ad- 
vantage in bringing together all charges on account of refunds or 
assignments under separate major heads ; while the mixing up of 
charges of varying incidence results in confusion. The expenditure 
heads "refunds and drawbacks" and "assignments and compensa- 
tions" have, therefore, been abolished. The charges will be transferred 
to the respective subject heads "refunds and drawbacks" appearing 
as deductions from revenue and assignments and compensations 
and expenditure. The head "civil furlough and absentee 
allowances" is rarely used in India and so it has been decided that 
payments of leave allowances in England and to officers on foreign 
service in India should be charged to the respective subject heads, and 
the especial head for these allowances has, therefore, been abolished. 

X The designations of the existing major heads "income-tax" 
"courts of law", "jails" and "sanitation" have been altered, 
respectively, to "taxes on income", "administration of justice", "jails 
and convict settlements" and "public health." 

XI In the section relating to expenditure riot charged to 
revenue, the head "India's financial contribution to the war" has 
been omitted, and a new head "outlay on waterways" has been opened 
to show the outlay on the recently sanctioned grand trunk canal 
in Bengal. Additional heads will be opened as necessary, when 
'Provincial Governments undertake expenditure on objects other 
than the construction of railways, irrigation works or waterways from 
borrowed funds. 

XII Some changes have also been made in the grouping of the 
major heads into sections and the order of the arrangement. The 
section relating to famine relief and insurance disappears. On 
the other hand a separate section has been constituted for the 
operations of the Mints and the Currency Department and for the 
allied transactions relating to exchange. 

6. In lettering several sections of the major heads the capital 
sections of the Commercial Departments have been indicated by 



ItEAKKANGEMENT OF BUDGET HEADS 183 

duplication of the letter, which distinguishes the corresponding 
revenue section. Under the present arrangement, a student of 
finance and revenue accounts of the Government of India finds 
considerable difficulty in getting a view of the entire transactions 
relating to railways and irrigation works, owing to the revenue and 
capital heads being placed in different sections, \\hile it is necessary 
that the transactions which affect the revenue surplus or deficit 
should be kept separate in the accounts from those which do not. 
It is desirable, at the same time, if possible, to show in one 
place the entire transactions relating to the commercial services. 
To attain both ends, the plan of double lettering has been adopted. 
It will supply a link between the revenue and capital sections of the 
commercial services, and though in the general accounts and estima- 
tes the capital transactions outside the revenue account will appear 
after all the transactions relating to the revenue account, the 
subsidiary statements relating to the former will, in the finance and 
revenue accounts, bo shown immediately after those relating to the 
corresponding revenue, heads. 

7. The following changes will be made in the debt section of the 
accounts : 

(1) The Provincial Governments have been given the power 
to raise loans 00 the security of the revenues allocated to them, 
and to show the operations connected with such borrowings, new 
heads will be opened under permanent and temporary debt. 

(2) The Provincial Governments may, in future, obtain advances 
from the Central Government, and in order to show such loans and 
their repayments a new central ledger head will be opened dcsig* 
riated 'loans between Central and provincial Goverments' immediate- 
ly after the provincial advance and loan account. 

(3) The deposit head "exchange on remittance accounts," which 
was discontinued in 1915, will be re-introduced iu order that all gains 
and losses from exchange may first be shown under a single hea<l 
pending distribution at the end of the year between tho revenue 
capital and debt sections. Transfers to tho revenue and capital 
accounts will be made in accordance with tho procedure indicated in 
paragraph 5 above, and it will be considered in regard to each indi- 
vidual year, whether the amount of exchange* lemaining undistributed 
under the deposit hoad should 1>9 kept in suspense or otherwise 
appropriated. 

8. The head ' 'appropriation for reduction or avoidance of debt" 
will be abolished afc there will be no such appropriations in future, 
and its place will be taken by the head "famine insurance funds" to 
show the transactions relating to the funds to be maintained by pro- 
vincial Government* in -future. This head will exhibit on the receipt 



184 THE REFORMED BUDGET 

side the Bums out of each year'i famine insurance provisions, which 
are not required for outlay on relief measures or protective works, 
and on the expenditure side, the transfer of sums at credit of the 
funds for expenditure on these objects or for the grant of advances to 
cultivators. In the case of transfers for outlay on relief measures, 
the corresponding credit will appoar under the revenue head "trans- 
fers from famine insurance fund." In the case of advances to culti- 
vators, however, the advances and recoveries will be booked in the 
first instance under the head "loan and advances'" by provincial 
Governments, the net receipts or issues in each year in respect of the 
portion financed from the famine insurance funds being transferred 
at the end of the year to tlie head prescribed to show the transac- 
tions of the funds. This head will be closed to balance in the Gov- 
ernment books, and the balance at the end of the year in each pro- 
vince will show the amount at the credit of provincial Governments. 
As the balance revenue as well as advances to cultivators will be 
brought to account in the debt section, it is not possible to show the 
application of the fund in a single head or group of heads in the 
regular accounts, but a pro forma account will be maintained 
for this purpose and included in the finance and revenue 
accounts. 

9. The head "to district boards for railway construction" will be 
abolished, as a separate head is not required for the small transactions 
recorded under this head, which can conveniently be included in the 
general heads for loans by the central and Provincial Governments, 

10. The disignation of the head "balances of provincial allotments" 
will be charged to " balances of Provincial Government". It is ne'ceg- 
sary that the form of the accounts should, in future, permit of the 
discrimination of expenditure of Provincial Governments between 
'reserved'' and " transferred" subjects, and for the purposes of finan- 
cial control, that they shonld also distinguish between voted and non- 
voted expenditure in the case of expenditure of both the Central and 
Provincial Governments. The Comptroller and Auditor-General 
will issue separate instructions to the accounts officers to secure these 
subjects. The changes in the financial system referred to in paragraphs 
2 and 3 above necessitate some alterations in the form of the opening 
statements in the finance and revenue accounts.- These have been 
settled in consultation with the Secretary of State, and the Comp- 
troller and Audi tor -General will give effect to them in the accounts 
for the year 1921-22. It has also been decided to make a general 
revision of the detailed statements in these accounts so as to make 
them more intelligible to the general public and to append notes 
explaining the figures included in each statement or group of state- 
ments, The revision necessary in the statements relating to the 



REAEEANGEMENT OF BUDGET HEADS 185 

railway'account has been settled in consultation with the Secretary 
of State and will be given effect to in the accounts for the year 
1922-21. The more important of these changes are : 

A. distinction hitherto shown in the accounts between the 
railways worked by Companies which have undergone the process 
of purchase by the State and those which by their constitution 
have been State railways worked by companies from the first will 
be abolished, and 

B. that the finance and revenue accounts will in future bring 
out clearly the actual expenditure incurred each year against 
the sanction accorded by the Secretary of State on the railway 
programme. 

The revision of the remaining statements in theso accounts 
is under consideration. 



Rules for the 

Madras Legislative Council 

The following rules relating to. the provincial Legislative 
Councils, framed under section 72 A (4) (a) (b) (c) (d) and (f) 
of the Government of India Act was submitted for the sanction 
of the Secretary of State in Council in April 1921. 

Composition of Legislative Council. 

I. Tho Legislative Council of the Governor of Madras shall 
consist of 

(1) the members of the Executive Council ex-officio; 

(2) ninety-eight elected members ; and 

(3) such number of members nominated by the Governor as, with 

the addition of the members of the Executive Council, shall 
amount to twenty-nine ; of the members so nominated 

(a) not more than nineteen may be officials, and 

(b) six shall be persons nominated as follows, namely : 

() five to represent the following communities, namely, the 
Paraiyans, Pallaus, Valluvans, Malas, Madigas, Chak- 
kiliyans, Tottiyans, Cherumans and Holeyas, and 

(ii) one to represent the inhabitants of backward tracts. 
Elected Members Constituencies. 

II. Tho elected members shall be elected by the constituencies 
specified in Schedule 1 to these rules, and the number of members to 
bo elected by each constituency, and the number, if any, of seats 
reserved for non-Brahman members (hereinafter in these rules referred 
to as reserved seats), shall be as stated heroin against that constituency. 

General disqualifications for being elected. 

HI. (1) A person shall not bo eligible for election as a Member 
of the Council, if such person 

!a) is not a British subject ; or 
b) is a female ; or 
c) is already a member of the Council or of any other Legisla- 
tive body constituted under the Act ; or 

(d) having been a legal practitioner has been dismissed or is 
under suspension from practising as such by order of any 
competent court ; or 



LEGISLATIVE COUNCIL 187 

(e) has been adjudged by a competent court to be of unsound 

mind ; or 

(f) is under 25 years of age ; or 

(g) is an undischarged insolvent ; or 

(h) being a discharged insolvent has not obtained from the 
court a certificate that his insolvency was caused by mis- 
fortune without any misconduct on his part ; 

Provided that the local Government may direct that, subject 
to such conditions as it may prescribe, a Ruler of any State in India 
or tho Rulers of $ny such States, or a subject of any such State or 
any class of such subjects shall not be ineligible for election by reason 
only of not being a British subject or British subjects : 

Provided further that the disqualification mentioned in clause (d) 
may be removed by an order of tho local Government in this behalf. 

(2) A person against whom a conviction by a criminal court 
involving a sentence of transportation or imprisonment for a period 
of more than six months is subsisting shall, unless the offence of 
which he was convicted has been pardoned, not be eligible for 
election for five years from the date of the expiration of the sentence. 
Special qualifications for election in case of ceTtain constilvercies. 

IV. (l) A person shall not be eligible for election as a member 
of the Council to represent 

(a) a non-Brahman constituency, if he is a Brahman or if 

his name is not registered on the electoral roll of the 
constituency or of another non-Brahman or a non-Muham- 
madan constituency ; or 

(b) a non-Muhammadan constituency, unless his name is regis- 

tered on the electoral roll of the constituency or of another 
non-Muhammadan or a non-Brahman constituency ; or 

(c) any other general constituency, unless his name is regis- 

tered on the eletoral roll of the constituency or of another 
constituency of the same communal description ; or . 

(d) a special constituency, unless bis name is registered on 

the electoral roll of the constituency. 

(2) For the purposes of these rules 

(a) " general constituency " means a non-Brahman, non- 
Muhammadan, Indian Christian, European or Anglo- 
Indian constituency ; and 

(6) "special constituency " means a Landholders', University, 
Planters', or Commerce and Industry constituency. 

Right to Elect. 

General conditions of registration and disqualifications 
V, Every person shall be entitled to have his name registered 



188 RULES FOR THE MADRAS 

on the electoral roll of any constituency who has the qualifications 
prescribed for an elector of that constituency and who is not subject 
to any of the disqualifications hereinafter set out, namely : 

(a) is not a British subject ; or 

(I) is a female ; or 

(c) has been adjudged by a competent court to be of unsound 

mind ; or 

(d) is under 21 years of age : 

Provided that the local Government may direct that, subject 
to such conditions as it may prescribe, a Ruler ofcany State in India 
or the Rulers of any such States or a subject of any such State or 
any class of such subjects, shall not be disqualified for registration 
by leason only of not being a British subject or British subjects : 

Provided further that, if a resolution is passed by the Council 
recommending that the sex disqualification for registration should 
be removed either in respect of women generally or in respect of any 
class of women, the local Government shall make regulations provid- 
ing that women or a class of women, as the case may be, shall not be 
disqualified for registration by reason only of their sex : 

Provided further that no person shall bo entitled to have his 
name registered on the electoral roll of more than one general 
constituency. 

Qualifications of electors. 

VI, (l) The qualification of an elector for a general constituency 
shall be such qualifications based on 

(i) community, 
(ii) residence, and 
(Hi) (a) occupation of a house, or 

(b) assessment to property-tax, tax on companies or pro- 
fession tax, or 

(c) assessment to income-tax, or 

td] receipt of a military pension, or 
c] the holding of land, 

as are specified in Schedule II to those rules in tho case of that 
constituency. 

[2] Tho qualifications of an elector for a special constituency 
shall bo the qualification specified in Schedule II to these rules in 
the easo of that constituency. 

Electoral roll. 

VII, (1) An electoral roll shall be prepared for every constitu- 
ency, on which shall be entered the names of all persons appearing 
to be entitled to be registered as electors for that constituency. It 
shall be published in the constituency together with a notice sped- 



LEGISLATIVE COUNCIL 189 

fying the mode in which and the time within which any person 
whose name is not entered in the roll and who claims to have it 
inserted therein, or any person whose name is on the roll and who 
objects to the inclusion of his own name or of the name of any other 
person on the roll, may prefer a claim or objection to the Revising 
Authority. 

(2) Subject to the provisions of these rules, the local Govern- 
ment shall make regulations providing for 

(1) the authority by whom the electoral roll shall be prepar- 
ed and the particulars to be contained in the roll ; 

(2) the time at which the roll shall be prepared ; 

(3) the publication of the roll in such manner and in such 
language as to give it wide publicity in the constituency 
to which it relates; 

(4) the mode in which and the time within which claims 
and objections may be prepared ; 

(5) the constitution and appointment of Revising Authorities 
to dispose of claims and objections ; 

(6) the manner in which notices of claims or objections shall 
be published ; and 

(7) the place, date, and time at which and the manner in 
which claims or objections shall be heard ; 

and may make such regulations to provide for other matters 
incidental or auxiliary to the preparation and revision of the roll as it 
may consider desirable. Such regulations may be mado as to rolls 
generally or any class of rolls or any particular roll. 

(3) The orders made by the Revising Authority shall be final, 
and the electoral roll shall be amended in accordance therewith and 
shall, as so amended, be republishod in such manner as the local 
Government may prescribe. 

(0 The electoral roll shall come into force from the date of 
such republication, and shall continue in force for a period of three 
years or for such less period as the local Government may, by regula- 
tion, prescribe, and after the expiration of such period a fresh roll 
shall be prepared in accordance with these rules. * 

(5) If a constituency is called upon to elect a member or 
members after an electoral roll has ceased to have force and before 
the completion of the now electoral roll, the old electoral roll shall 
for the purposes of that election continue to operate as the electoral 
roll for the constituency. 

Right to vote. 

VIII. Every person registered on the electoral roll for the 
time being in force for any constituency shall, while so registered, be 
entitled to vote at an election of a member or members for that 



190 R tJLES FOR THE MA DBAS 

constituency provided that no person shall vote in more than one 
general constituency. 

Nomination of candidates. 

IX. (1) Any person may be nominated as a candidate for elec- 
tion in any constituency for which he is eligible for election under 
these rules. 

(2) On or after the date on which a candidate is nominated the 
candidate shall make in writing and sign a declaration appointing 
either himself or some other person to be his agent for the election, 
and no candidate shall be deemed to be duly nominated unless such 
declaration has been made. 

(3) A candidate who has withdrawn his candidature shall not 
be allowed to cancel the withdrawal or to be renominated as a 
candidate for the same election. 

Election. 

X. (1) If the number of candidates, who are duly nominated 
and who have not withdrawn their candidature before such time as 
the local Government may fix in this behalf, exceed that of the 
vacancies, a poll shall be taken : 

Provided that, if any seat is reserved and the number among 
such candidates of non-Brahmans is equal to the number of the 
reserved seats, the non-Brahman candidate or candidates, as the 
case may be, shall be declared to be elected, and a poll shall only be 
taken if any vacancy thereafter remains to be tilled. 

(2) If the number of such candidates is equal to the number of 
vacancies, all such candidates shall be declared to be duly elected. 

(3) If the number of such candidates is less than the number 
of vacancies, all such candidates shall be declared to be elected, and 
the Governor shall, by notification in the Fort St. George Gazette, 
call for fresh nominations for the remaining vacancies and, if any 
such are received, shall call upon the constituencies concerned to 
elect members to fill these vacancies. 

(4) Votes shall be given by ballot, and in general and Landholders' 
constituencies, in person. No votes shall be received by proxy. 

(5) In plural-member constituencies every elector shall have as 
many votes as there are members to be elected : provided that no 
elector shall give more than one vote to any one candidate. 

(6) Votes shall be counted by the Returning Officer, and any 
candidate, or, in the absence of the candidate, a representative duly 
authorised by him in writing, shall have a right to be present at 
the time of counting. 

(7) When the counting of the votes has been completed, the 
Returning Officer shall forthwith declare the candidate or candidates, 



LEGISLATIVE COUNCIL 191 

as the case may be, to whom the largest number of votes has been 
given to be elected : 

Provided that, if one or more seats are reserved, the Returning 
Officer shall first declare to be elected the non-Brahman candidate 
or candidates, as the case may be, to whom the largest number of 
votes has been given, 

(8) Where an equality of votes is found to exist between any 
candidates and the addition of one vote will entitle any of the 
candidates to be declared elected, the determination of the person 
or persons to whom such one additional voto shall be deemed to 
have been given shall bo made by lot to bo drawn in the presence 
of the Returning Oflicer and in such manner as he may determine. 

(9) The Returning Officer shall without delay report the result 
of the election to the Secretary to the Council, and the name or 
names of the candidate or candidates elected shall bo published in 
the Fort St. George Gazette. 

Government to make regulations regarding the conduct of elections. 

XI. (1) Subject to the provisions of these rules, the local 
Government shall make regulations providing for 

(1) the form and manner in, and the conditions on which nomina- 

tions may be made, and for the scrutiny of nominations. 

(2) the appointment of a Returning Officer for each consti- 

tuency and for bis powers and duties ; 

(3) in the case of general and Landholders' constituencies 
the division of the constituencies into polling areas in 
such manner as to give all electors such reasonable facili- 
ties for voting as arc practicable in the circumstances, and 
the appointment of polling stations for these areas ; 

(3) the appointment of officers to preside at polling stations, 
and the duties of such officers ; 

(5) the checking of voters by reference to the electoral roll ; 

(6) the manner in which votes are to be given, arid for special 

provision in this respect in the case of illiterate voters 
or voters under physical or other disability ; 

(7) the procedure to be followed in respect of tender of votes 
by persons representing themselves to be electors after 
other persons have voted as such electors ; 

the scrutiny of votes, 

the safe custody of ballot papers and other election papers, 
the period for which such papers shall be preserved, and 
for the inspection and production of such papers ; 
and may make such other regulations regarding the conduct of 
elections as it thinks fit. 



(*> 

(9) 



192 RULES FOR THE MADRAS 

(2) In the exercise of the foregoing power, regulations may be 
made as to elections generally or any class of elections, or in regard 
to constituencies generally or any class of constituency or any parti- 
cular constituency. 

Multiple elections. 

XIL (l) If any person is elected by a constituency of the 
Council and by a constituency of either chamber of the Indian 
legislature, the election of suoh person to the council shall be void 
and the Governor shall call upon the constituency concerned to 
elect another person. 

(2) If any person is elected either by more than one constitu- 
ency of the Council or by a constituency of the Council and cons- 
tituency of the Legislative Council of another Governor's province, 
he shall, by notice in writing signed by him and delivered to the 
Secretary to the Council or the Secretaries to both Councils, as the 
case may be, within seven days from the date of the publication of 
the result of such election in the local official Gazette, choose for 
which of these constituencies he shall servo, and such choice shall 
be conclusive. 

(3) When any such choice has been made, the Governor shall 
call upon the constituency or constituencies for which such person 
has not chosen to serve to elect another person or persons. 

(4) If the candidate does not make the choice referred to in 
sub-rule (2) of this lule, the election of such person shall be void 
and the Governor shall call upon the constituency or constituencies 
concerned to elect another person or persons. 

Nominated Members General disqualifications for nomination. 

XIII. (1) No person shall be nominated to the Council who 

(Same as in Sec. Ill, above, q. v.) 
Term of office of nominated members 

XIV. (1) A nominated non-official member shall hold office 
for the duration of the Council to which he is nominated. 

(2) Official members shall hold office for the duration of the 
Council to which they are nominated or for such shorter period as 
the Governor may, at the^time of nomination, determine. 
The Taking of Oath. 

XV. Every person who is elected or nominated to be a member 
of the Council shall, before taking his seat, make, at a meeting of the 
Council, an oath or affirmation of his^' allegiance to the crown in the 
following form, namely: 

I, A. B. having been n ^ nated a member of this Council do 



LEGISLATIVE COUNCIL 193 

solemnly swear (or affirm) that 1 will be faithful and bear true 
allegiance to His majesty the King Emperer of India, His heirs and 
successors, and that I will faithfully discharge the duty upon which 
I am about to enter. 

Effect of subsequent disabilities or failure to take oath. 

XVI. (1) If any person having been elected or nominated 
subsequently becomes subject to any of the disabilities stated in 
clauses (a), (d), (e), (g) and (h) of sub-rule (i) or in sub-rule (2) of 
rule III or of rule XIII, as the case may bo, fails to make the oath 
or affirmation prescribed by rule XV within such time as the 
Governor considers reasonable, the Governor shall, by notification 
in the Fort St. George Gazette, declare his seat to be vacant. 

(2) When any such declaration is made, the Governor shall, 
by notitication as aforesaid, call upon the constituency concerned to 
elect another person within such time as may be prescribed by the 
notification, or shall nominate another person, as the case may be. 

Casual vacancies. 

XVII. (1) When a vacancy occurs in the case of an elected 
member by reason of his election being declared void, or by reason 
of absence from India, inability to attend to duty, death, acceptance 
of office or resignation duly accepted, the Governor shall, by 
notification in the Fort St. George Gazette, call upon the cons- 
tituency concerned to elect a person for the purpose of filling the 
vacancy within such time as may be prescribed by the notification. 

(2) If a vacancy occurs in the case of a nominated member, 
the Governor shall nominate to the vacancy a person having necessa- 
ry qualification under these rules. 

First Constitution of Council. 

XVIII. (l) As soon as conveniently may be after these 
rules come into force, a Council shall be constituted in accordance 
with their provisions. 

(2) For this purpose the Governor sh'all, by notification in 
the Fort St. George Gazette, call upon the constituencies referred 
to in rule II to elect members in accordance with these rules within 
such time as may be prescribed by the notification, and shall make 
such nominations as may be necessary to complete the Council 
before the date fixed for its first meeting. 

(3) If any difficulty arises as to the preparation or publication 
of the first electoral roll or the holding of the first elections after 
the commencement of these rules, the local Government may, by 
order, do any matter or -thing which appears to it necessary for 
the proper preparation or publication of the roll or for the proper 
holding of the elections, 

25 



194 



RULES FOE THE MADRAS 



Reconstitution of Council General Elections. 

XIX. (1) On the expiration of the duration of a Council 
or on its dissolution, a general election shall be held in order that 
a new Council may bo constituted. 

(2) On such expiration or dissolution, the Governor shall, 
by notification in the Fort St. George Gazette, call upon the 
constituencies referred to in rule II, to elect members in accordance 
with these rules within such timo after the date of expiration or 
dissolution as may be prescribed by such notification, 

Provided that, if the Governor thinks fit, such notification 
may be issued at any time, nob being more than three months prior 
to the date on which the duration of the Council would expire 
in the ordinary course of events. 

(3) Before the day fixed for the first meeting of the Council 
tho governor shall make such nominations as may be necessary 
to complete the Council. 

XX. As soon as may be, after the expiration* of the time 
fixed for the election of members at any election, tho names of the 
members elected for the various constituencies at such election 
shall be notified in the Fort St. George Gazette, 



Nam? of Constituency. 



SCHEDULE I. 

2. List of Constituencies 
Class of Constituency. 



Madras City 

Madura City Muuicip ... 

Trichinopoly cum Srirangam 

Cocanada City ,, 

Vizagapatam City 

Tinnevelly cuin 1'alamcottah 

Anantpuv Dist. 

Arcot (North) 

Arcot (South) 

Bellary 

Chinglepnt 

Chittoor 

Coimbatore 

Cuddapab 

Gau jam 

Godabari 

Guntur 

Kanara (South) Dist. 

Kistna (East) 



Non-Muhamraadan Urban 



Non- Brahman Urban 
Nou-Miihamniadan Kurai 



No. of 


Reserved 


" Members. 


seats. 


4 


2 


1 




1 




1 


, 


1 




1 


t 


2 


I 


a 


1 


3 


1 


2 


1 


2 


1 


2 


1 


8 


1 


3 




2 




3 




2 




2 





LEGISLATIVE COUNCIL 

Name of Constituency, Class of Constituency. 



195 



No of 
members. 



seatf.. 



Non-Brahman Urban 
Muhammadan Urban 



Muhammadan Rural 



Muhammadan Rural 
Indian Christian 



European 
Anplo- Indian 
Landholders 



University , 

Planting 

Commerce and Industry 



1 

1 
1 
1 
1 
1 
1 
1 
1 
2 

1 
I 

1 



Kistna (West) 
Kurnool 

Madura District 
Malabar cum Anjengo 
Nellore ,, 

Ramnad ,, 

Salem 

Tanjore 

Tinnevelly Bistrict 
Trichinopoly 
Vizagapatam 
The Nilgiris 
Madras City (Muham- 
madan). 
Madura and Trichinopoly 

cum Srirangam. 
Northern Sirkars 
East Coast 
Ceded Districts 
Nonth Arcot cum 

Chingleput 
Central Districts 
Tanjore 

Madura com Trichinopoly 
Ramnad cum Tinnevolly 
Malabar cum Anjengo 
South Kanara 
Nortbetn Districts 
Central Districts 
West Coast 
Tanjore and Trichinopoly 

cum Madura 
Ramnad cum Tinnevelly 
European 
Anglo-Indian 
Northern Landholders, 1 
Northern Landholders, 11 
North Central Landholders 
South Central Landholders 
Southern Landholders .. 
West Coabt Landholder*; 
Madras University 
Madras Planters 
Madras Chamber of 

Commerce. 

Madras Trades Association 
Southern India Chamber 

of Commerce. 
Nattukkottai Nagarathas* 

Association. 

II. Seats shall be deemed to be reserved seats within the meaning of this 
Schedule for the purposes of an election, if the number of non-Brahman member* 



196 R ULES FOR THE MADRAS 

already representing the constituency is less than the number of seats specified 
as reserved seats, to the extent only of that deficiency : 

Provided that, if the number of non-Brahman candidates at the date of the 
election is less than the number of reserved seats, the number of reserved seats 
sluill be reduced to the extent of that deficiency. 



SCHEDULE II. 
QUALIFICATIONS OF ELECTORS. 

Definitions. 

I. In this Schedule 

(a) "an anglo-Indian" means any person being British 

subject and resident in British India, 

(i) of European descent in the male line who is not a European, 
or 

(ii) of mixed Asiatic and non-Asiatic descent, whose father, 
grandfather or more remote ancestor in the male line was 
born in the Continent of Europe, Canada, Newfoundland, 
Australia, Now Zealand, the Union of South Africa or 
the united States of America, and who is not a European ; 

(b) "a European " means any person of European descent 

in the male line being a British subject and resident in 
British India, who either was born in or has a domicile 
in the British Isles, Canada, Newfoundland, Australia, 
New Zealand or the Union of South Africa, or whose 
father was so born or has or had up to the date of the 
birth of the person in question such a domicile ; 

(c) "member," in relation to a Chamber of Commerce or a 
planters, or traders' association, includes any person entitled to 
exercise the rights and privileges of membership on behalf of and in 
the name of any firm, company or corporation registered as a member ; 

(d) " previous yoar" moans the financial year preceding that 
in which the electoral roll for the time being under preparation 
is first published under these rules ; 

(c) "aamindar" means tly holder of an estate as defined in 
section 3 (#) of the Madras Estates Land Act, 1908. 

Revenue accounts, Etc. to be conclusive evidence 

II. For the purpose of determining any claim to a qualification 
under this Schedule, the entries in the land revenue accounts and 
wuchilakas regarding the amounts of assessment, water rate and 
rent payable, and the entries- in the municipal records regarding 
the amounts of taxes assessed or paid and the values of bouses 
shall be conclusive evidence of the facts stated therein. 



LEGISLATWE COUNCIL 197 

General Constituencies. 
Non-Muhammadan and non-Brahman constituencies (urban and rural) 

III. Every person, not being a European, an Anglo-Indian, an 
Indian Christian or Vi Muhammadan, shall be qualified as an elector 
for a non-Muhammadan or non-Brahman constituency, who resided 
in the constituency for not less than 120 days in the previous 
year, and has the further qualifications hereinafter prescribed for 
an elector of the particular constituency, 

Urban Madras city constituency. 

IV. A person shall be qualified as an elector for a Madras 
City constituency who 

(a) was assessed in the previous year to property- tax, or tax 
on companies or profession-tax ; or 

(b) occupied for not less than six months in the previous year a 

house in the city, not being a house in any military or police 
lines, of an annual value of not less than Es. 60 ; or 

(c) was assessed in the previous year to income-tax ; or 

(d) is a retired or pensioned officer (whether commissioned 

or non-commissioned) of His Majesty's regular forces. 
Explanation. No person shall be deemed to occupy a house 
within the meaning of clause (b) unless he is paying or is liable to pay 
to the owner the rent thereof, or is exempt from the payment of rent 
by virtue of any office, service or employment ; nor shall more than 
one person be qualified as an elector in respect of the same house. 

V. A person shall be qualified as an elector for an urban 
constituency other than Madras who 

(a) was assessed in the previous year to an aggregate amount 

of not less than Rs. 3 in respect of one or more of the 
following taxes, namely, property tax, tax on companies, 
or profession-tax, or 

(b) holds within the constituency one of the qualifications in 

respect of the holding of land hereinafter prescribed for 
an elector of a rural constituency ; or 

(c) was assessed in the previous year to income tax ; or 

(d) is a retired or pensioned officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces. 

VI. A person shall be qualified as an elector for a rural consti- 
tuency who 

(a) is registered as a ryotwari pattadar, or as an inamdar, of 
land the annual rent value of which is not less than Rs. 10, or 

(b) holds on a registered lease under a ryotwari pattadar or 
an inamdar land, the annual rent value of which is not less than 
Rs, 10, or 



198 RULES FOR THE MADRAS 

(c) is registered jointly with the proprietor under section 14 
of the Malabar land Registration Act, 1895, as the occupant of land, 
the annual rent value of which is not lees than Rs. 10, or 

(d) is a landholder as defined in section 3 (5) of the Madras 
Estates Land Act, 1908, holding an estate, the annual rent value 
of which is not less than Rs. 10, or 

(e) holds as 'ryot', as defined in secton 3 (15) of the Madras 
Estates Land Act 1908, or as tenant under a landholder, land, 
the annual rent value of which is not less than Rs 10, or 

(/) was in the previous year assessed in a municipality inclu- 
ded in the constituency to an aggregate amount of not less than 
Rs. 3 in respect of one or more of the following taxes, namely, 
property-tax, tax on companies or profession-tax, or 

(g) was assessed in the previous year to income tax, or 
(h) is a retired or pensioned officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces. 

Muhammadan constituencies 

VII. Every Muhammadan shall be qualified as an elector for a 
Muhammadan constituency, urban or rural, who resided in the 
constituency for not less than 120 days in the previous year and 
has any of the qualifications prescribed in this Schedule for an elector 
of a Madras City, other urban, or rural constituency as the case may be. 

Indian Christian constituencies 

VIII. Every Indian Christian shall be qualified as an elector 
for an Indian Christian constituency who resided in the constituency 
for not less than 120 days in the previous year and has any of the 
qualifications prescribed for an elector of any urban or rural consti- 
tuency included in the area of such Indian Christian constituency. 

European and Anglo-Indian constituencies 

IX. Every European shall be qualified as an elector for the 
European constituency, and every Anglo-Indian shall be qualified 
as an elector for the Anglo-Indian constituency, if such European 
or Anglo-Indian resided in the Madras Presidency for not less than 
120 days in the previous year and has any of the qualifications 
prescribed for an elector of any urban or rural constituency. 

Rental Value 

X. For the purposes of this Schedule, the annual rent value of 
section 64 of the Madras Local Boards Act 1884, with reference to 
the accounts of the fasli year preceding the calender year in which 
the electoral roll for the time being under preparation is first pub- 
lished under these rules ; or, if the accounts for that year are not 
available, then with reference to the latest accounts that are avail*- 



LEGISLATIVE COUNCIL 19d 

ble ; provided that, if in any case it is not possible to. calculate the 
rent value in accordance with the provisions of section 64 of the 
Madras Local Boards Act, 1884, the Registration Officer shall deter- 
mine the value for the purpose of this Schedule upon the best infor- 
mation available, 

Joint families. 

XI. If property is held or payments are made jointly by the 
members of a joint family, the family shall be adopted as the unit 
for deciding whether under the Schedule the requisite qualification 
exists ; and if it does exist, the person qualified shall be the member 
authorised by a majority of the family, or in the case of a Hindu 
joint family, either a member so authorised or the manager thereof, 

. Person not qualified in both personal and representative capacity. 

II 1. A person may be qualified either in his personal capacity 
or in the capacity of a representative of a joint family, but not in 
both capacities. 

Fiduciary capacity not recognised. 

XIII. Save as provided in paragraph II of this Schedule, no 
person shall be qualified as an elector in respect of any property 
unless he possesses the prescribed property qualification in his own 
personal right and not in a fiduciary capacity. 

Special constituencies- Landholder constituencies. 

XIV. Every zatnindar, janmi or malikanadar shall be qualified 
as an elector fora Landholders' constituency who resided in the consti- 
tuency for not less than 120 days in the previous year and who 

(a) possesses an annual income, calculated as provided in 
paragraphs 15, 16 and 17 of this Schedule, of not less 
than Rs. 3,000 derived from an estate as defined in sec- 
tion 3 (2) of the Madras Estates Land Act, 1908, within 
the Presidency of Madras, or 

(I) is registered as the janmi of land situated within the 
Presidency of Madras on which the assessment is not less 
than Rs. 1,500, or 

(c) receives from Government a malikana allowance the 
annual amount of which is not less than Rs, 3,000. 

Annual income 

XV. For the purposes of paragraph 14 of this Schedule, the 
annual income of a zamindar shall be taken to be the annual rent 
value upon which the land-cess is calculated under the Madras Locnl 
Boards Act, 1884, excluding the jodi, quit-rent, peshkash or simitar 
charge payable by him to Government, 



200 RULES FOE THE MADRAS 

Method of calculating annual income and assessment. 

XVI. In calculating annual income and assessment for the 
purposes of paragraph of this Schedule 

(a) income derived from an estate shall not he reckoned along 
with income derived from any land other than an estate, but it may 
be reckoned along with a malikana allowance ; 

(b) in no case shall income derived from a portion of an estate 
which is not separately registered in the office of a Collector be 
taken into account ; 

(c) assessments paid on more than one parcel of land may be 
reckoned together : provided that, in the case of land referred to in 
paragraphs 19 and 20 of this Schedule, the assessment paid thereon 
shall not be added to any assessment paid on other land unless the 
holder of the latter has been nominated or is entitled under those 
paragraphs to represent the joint holders or family in respect of 
the former land. 

Basis of determination of annual rent value and assessment. 

XVII. For the purposes of paragraph 14 of this Schedule, the 
annual rent value and assessment shall be determined with reference 
to the accounts of the fasK year preceding the calendar year in 
which the electoral roll for the time being under preparation is 
first published under these rules or, if the accounts for that year 
are not available, with reference to the latest accounts that are 
available : provided that, if in any case it is not possible to cal- 
culate the rent value in accordance with the provisions of paragraph 
16 of this Schedule, the Collector shall determine the value upon 
the best information available. 

Entry of name in and register. 

XVIII. Save as expressly provided in this Schedule, no person 
claiming to be qualified as an elector for a Landholders' constituency 
on account of the possession of income derived from land for which 
a public register is kept, shall be entitled to have such income taken 
into account in determining his eligibility, unless the land from which 
the income is derived stands registered in such register in name. 

XIX. If several persons are registered as joint holders of land, a 
majority of the adult male persons so registered may nominate in writ- 
ing any one of themselves who is not disqualified to be their represen- 
tative for voting purposes, and the name of such representative alone 
shall be entered in the electoral roll and, if such nomination is not 
made, no entry shall be made in the roll in respect of such land. 

Explanation. Land registered under section 14 of the Malabar 
Land Registration Act, 1895 in the joint names of the registered 



LEGISLATIVE COUNCIL 201 

proprietor and another person, is not land registered in the names 
of joint holders within the meaning of this paragraph. 

Where property it entered in name of a woman. 

XX. When the property of a tar wad or similar joint family 
under the Marumakkattayam- law is registered in the name of a 
woman and would, but for the disqualification of sex, qualify the 
registered holder as an elector, the senior male member of the family 
who is not disqualified, or any member not disqualified who is 
nominated in writing by a majority of the adult male members, 
shall be qualified as the representative of the family. 

XXI. Save as hereinbefore piovided, no person shall be quali- 
fied as an elector unless he possesses the prescribed property quali- 
fication in his own personal right and not in a fiduciary capacity. 

XXil. A person who is nominated or qualified, under paragraph 
19 or paragraph 20 of this Schedule, to represent a group of joint 
owners or a joint family, and who is himself possessed of a separate 
property qualification as an elector, may elect whether to be entered 
in the electoral roll in his representative or separate capacity, but 
he shall be entered in one such capacity only. 
The University constituency. 

XXIII. A person shall be qualified as an elector for the 
Madras University constituency if he has a place of residence in 
India and is a member of the State, or an Honorary Fellow, or a 
graduate of over seven years' standing of the University of Madras. 

The Planters 9 constituency. 

XXIV. A person shall be qualified as an elector for the Madras 
Planters' constituency if he is a member of one of the associations 
affiliated to the United Planters' Association of Southern India. 

The Madras Chamber of Commerce and Industry constituency. 

XXV. A person shall be qualified as an elector for the Madras 
Chamber of Commerce constituency if he is a member of the Madras 
Chamber of Commerce or of a Chamber affiliated to it, 

Other Commerce constituencies. 

XXVI. Members of the Madras Trades Association, the Southern 
India Chamber of Commerce and the Nattukkottai Nagaratbars' 
Association shall be qualified respectively as electors for the cons- 
tituency comprising the Chamber or Association of which they 
are members* 



Rules for the 

Bombay Legislative Council 

Composition of Legislative Council 

1. The Legislative Council of the Governor of Bombay shall 
consist of 

(1) the members of the Executive Council fx-ojjicio ; 

(2) eighty-six elected members ; and 

(3) such number of members nominated by the Governor as 
with Iho addition of the members of the Executive Council, shall 
amount to twenty five ; of the members so nominated 

(a) not moro than sixteen may be officials, and 

(b) five shall be non-official persons nominated to represent 
respectively the following class or interests, namely : 

(i) the Anglo-Indian community ; 
() the Indian Christian community ; 
(Hi) the labouring class ; ^ 

(iv) classes which, in the opinion of the Governor, are depressed 
classes ; and 

(v) the cotton trade. 

Elected Member* ConsUusnc'es 

II. The elected members shall be elected by the constituencies 
specified in Schedule I to these rules, and the number of members 
to be elected by each constituency, and the number, if any of 
seats reserved for Maharatta members (hereinaft or in these rules 
referred to as reserved Boats), shall bo as stated therein against 
that constituency. 

(Sec. ///, General disqualification same as on pp. 186/7) 
Special qualification for election in case of certain Constituencies 

IV. (l) A person shall not be eligible for election as a 
Member of the Council to re presort 

(a) a Bombay City constituency, unless his name is registered 
on the electoral roll of the constituency or on the electoral roll of 
a Bombay City constituency of the same communal description ; or 

(b) a Mahratta constituency, unless he is a Mahratta and unless 
his name is registered on the electoral roll of the constituency and 
he has resided in the constituency for a period of six months prior 



LEGISLATIVE COUNCIL 203 

called upon to elect a number of members : provided that a 
candidate eligible for election in any such constituency shall be 
eligible for election in another Mahratta constituency or in a 
non-Muhammadan constituency, if the whole or part of such Mahratta 
or non-Mubammadan constituency is included in the same district 
as any part of the constituency in which he has so resided ; or 

(c) a non-Muhammadan constituency, unless his name is 
registered on the electoral roll of the constituency and he has 
resided in the constituency for a period of six months prior to the 
1st day of January in the year in which the constituency is called 
upon to elect a number of members : provided that a candidate 
eligible for election in any such constituency shall be eligible for 
election in another non-Muhammadan or, if he is a Mahratta, in 
a Mahratta constituency if the whole or part of such non-Muham- 
madan or Mahratta constituency is included in the same district 
as any part of the constituency in which he has so resided ; or 

(d) any other general constituency, unless his name is registered 
on the electoral roll of the constituency and he has resided in the 
constituency for a period of six months prior to the 1st day of 
January in the year in which the const ihiorry is called upon to 
elect a number of members: provided that a cm -dictate eligible 
for election in any such constituency shall be eligible for election 
in a constituency of the same communal description if the whole 
or part of either constituency is included in tho same district ; or 

(e) Seep. 187, IV (d) 

(2) For the purpose of these rules 

(a) "general constituency" means a Mahratta, non-Muham- 
madan, Muhammadan or European constituency ; and 

(6) "Special constituency means a Landholders/ University, 
or Commerce <fe Industry constituency. 

For the re&t of the Rule* we pp. 187 to 193 and. read "Hominy" 
and "kcal official Gazette" for "Madnts" and "Fort A/, George Gazelle" 
respectively, except in the following Section* : 

In See. VI (1) (Hi) a, I, c, d, o, read : 

(6) assessment to income-tax, or 

(c) receipt of a military pension, or 

(d) the holding of land, or 

(e) receipt of wages, 

In Sec -X, read a proviso to (/) : 

Provided that, if a seat is reserved and of such candidates one 
only is a Mahratta, that candidate shall be declared to be elected, 
and a poll shall only be taken if any vacancy thereafter remains to 
be filled. 

And /or Sec. X. (5) read the follou'ino: 



2*4 R VIES fOR THE BOMB A 

(5) In plural-member constituencies every elector shall have 
as many votes as there are members to be elected, and shall be 
entitled to accumulate all of them upon one candidate or to distri- 
bute them amongst the candidates as he pleases. 

And to Sec. X (7) read the following proviso : 

Provided that, if a seat is reserved, the Returning Officer shall 
first declare to be elected the Mahratta candidate to whom the largest 
number of votes has been given. 

SCHEDULE I. 

L List of Constituencies. 



Name of Constituency. Class of Constituency. Number of 


Reserved 


members. 


seats 


Bombay City (North) ... Non-Muhammadan Urban. 3 


1 


Bombay City (South) ... 3 


1 


Karachi ,, ... ,, 1 




Ahmedabad City ... 1 


., 


Surat ,, 1 


.. 


Sholapur I 




Ppona .. ,, I 




Ahmedabad District .. t Nou-Muhammadan Rural 2 




Broach District .. ,, 1 


.. 


Kaira District .. 2 




Panch Mahals District ... 1 




Surat , 2 




Thana , 


2 


i 


Ahmednagar , 


2 


i 


East Khandcsh , 


3 


... 


Nasik 


2 


t 


Poona 


2 


i 


Satara , 


3 


... 


Belgaum u 


2 




Bijapur , 


1 ' 


... 


Dharwar , 


2 


... 


Kanara , 


1 


... 


Ratnagiri , 


2 


i 


Eaytern Sind , 




... 


Western Sind 


, , 




*Sholapur , 




... 


"Kolaba 






*Wcst Khandesh , 





... 


Bombay City (Mnhara- Muhanimadan Urban 2 


... 


n*adan). 





Karachi City (Muham- . ,, 1 


... 


mad an). 





* Note. The Bholapur District, the Kolaba District, and the West Khandesh 
District constituencies elect a Mahratta member to the first, second 
and third Councils respectively under part IV of this Schedule and 
to succeeding Councils in the same rotation, 



LEGISLATIVE COUNCIL 206 

Name of Constituency. Class of Constituency. Number of Reserved 

members. reats. 

Ahmedabad and Surat Muhammadan Urban 1 

cities (Mubammadan). 
Poona and Sholapur ,, 1 

cities ( Muhammadan) . 
The Northern Division Mubammadan Rural 3 

(Muhammadan) . 
The Central Division 3 

(Muhammadan). 
The Southern Division 3 

(Muhammadan). 
Hyderabad District 2 

(Muhammadan). 
Karachi District (Muham- 2 

madan). 
Larkana District (Muham- 8 

madan). 
Sukkur District [Muham- 2 

madan] . 
Thar and Parkar [Muham- 2 

madan] . 
Nawebshah Diet [Muhani- 1 

madan]. 
Upper Bind Frontier District ,, 1 

[Muhammadan]. 

Bombay City [European] European 1 

Presidency [European] ] 

Deccan Sardars Landholders I 

Gujrat Sardars , 1 

Jaigirdars and Zamindars > * 

[Sind]. 

Bombay University ... University I 

Bombay Chamber of Commerce and Industry 2 

Commerce 
Karachi Chamber of * 

Commerce. 

Bombay Trades Association. , ] 

Bombay Millowners' ,, ' 

Association. 
Ahmedabad Millowncrs* >, * 

Association. 
Indian Merchants 1 Chamber ,< ^ 

and Bureau. 

II. In interpreting this Schedule references to a district, municipal district 
or cantonment shall be deemed to be references to the district, municipal 
district or cantonment as constituted for the time being under the Bombay Land 
Revenue Code, 1879, the Bombay District Municipal Act, 1901, and the Canton- 
ments Act, 1910, respectively. . 

III. No seat shall be deemed to be a reserved seat within the meaning of 
this Schedule for the purpose of any election if the constituency is already 
represented by a Mahratta member or if there is no Mahratta candidate. 

IV. The Sholapur District constituency shall, for the purposes of the 
general election to the firfet Council and of all bye-elections, occurtag during 



206 E ULES FOR THE BOMB A Y 

the continuance of that Council, be a Mahratta constituency, and the Kolaba 
District constituency shall be a Mahratta constituency for the purposes ofr the 
second Council and of all bye-elections occuring during the contituance of that 
Council, and the West Khandesh District constituency shall be a Mahratta 
constituency for the purposes of the third Council and of all bye-elections 
occuring during the continuance of the third Council, and thereafter those 
constituencies shall, in tho like rotation, be Mahratta constituencies for the 
purposes of elections to succeeding Councils. 

SCHEDULE II. 

Qualifications of Electors. 
Definitions. 

I. In this Schedule 
(a) "a European " means 

(J) "holder " means a person lawfully in possession of land 
whether such possession is actual or not ; 

(c) "publication of the electoral roll" means the first publication 
under these rules of the electoral roll for the time being under pre- 
paration; 

(d) "tenant" means a lessee whether holding under an instru- 
ment or under an oral agreement, and includes a mortgagee of a 
tenant's rights with possession. 

General Constituencies. 

II. In a Mahratta or non-Muhammadan urban constituency 
every person shall be qualified as an elector who is neither a Muham- 
madan nor a European and who, on the 1st day of April next pre- 
ceding the date of publication of the electoral roll, had a place of 
residence within the constituency or, in the case of a Bombay City 
constituency, within the limits of the said city or within the limits 
of the taluka of Salsette, or, in the case of any other urban consti- 
tuency, within two miles of the boundary thereof, and who 

(a) on the 1st day of April aforesaid occupied, as owner or 
tenant, in such constituency, a house or building, or part of a house 
or building separately occupied, as a dwelling or for the purpose of 
any trade, business or profession, 

(i) of which the annual rental value was not less than Rs. 120 
in the case of the Bombay City constituency, and not less than Rs. 60 
in the case of the Karachi City constituency, or 

(tt) in any other urban constituency, where any tax is based 

on the annual rental value of houses or buildings, of which the 

annual rental value was not less than Rs. 36; or, if no tax so based 

is levied, of which the capital value was not less than Rs. 1, 500 ; or 

, (b) was assessed to income-tax in the financial year preceding 



LEGISLATIVE COUNCIL 207 

that in which the publication of the electoral roll takes place ; or 

(c) is a retired and pensione'd officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces; or 

(d) in the case of a Bombay City constituency, is in receipt of a 
monthly wages of not less than Rs. 40 on account of employment as a 
manual worker in a textile factory which is situated within the City 
of Bombay and which is a factory as defined in the Indian Factories 
Act, 1911; or 

(e) on the 1st day of January next preceding the date of publi- 
cation of the electoral roll, held a qualification in respect of land 
within the constituency which, if held within the nearest rural con- 
stituency, would qualify him as an elector for such constituency. 

III. In a Mahratta or non-Muhammadan rural constituency every 
person shall be qualified as an elector who is neither a Muhammadan 
nor a European and who, on the 1st day of January next preceding 
the date of publication of the electoral roll, had a place of residence 
within the constituency or within a contiguous constituency of the 
same communal description,, and who 

(a) (i) in the case of any constituency in Sind, on the 1st day 
of January aforesaid, held in his own right or occupied as a per- 
manent tenant or as a lessee from Government alienated *or 
unalienated land in such constituency on which, in any one of the 
five revenue years preceding the publication of the electoral roll, an 
assessment of not less than Es. 16 land revenue in the Upper Sind 
Frontier constituency and of not less than Rs. 32 land revenue in 
any other constituency has been paid or would have been paid if the 
land had not been alienated, or 

(u) in the case of any other constituency, on the 1st .day of 
January aforesaid, held in -his own right or occupied as a tenant in 
such constituency alienated or unalienated land assessed at or of the 
assessable value of not less than Rs. 16 land revenue in the Panch 
Mahals or Ratnagiri districts and not loss than. Rs, 32 land revenue 
elsewhere ; or 

(b) on the 1st day of January aforesaid was the alienee of the 
right of Government to the payment of rent or land revenue, 
amounting to Rs. 16 in the Panch Mahals or Ratnagiri Districts and 
Rs. 32 elsewhere, leviable in respect of land so alienated and situate 
within the constituency, or was a khot or a sharer in a khoti village 
in the constituency or a sharer in a bhagdari or narvadary village in 
the constituency, responsible for the payment of Rs. 16 land revenue 
in the Panch Mahals or Ratnagiri Districts and Rs. 32 land revenue 
elsewhere; or 

(c) was assessed to income-tax in the financial year preceding 
that in which the publication of the electoral roll takes place; or 



208 RULES FOR THE BOMB A Y 

(d) is a retired and pensioned officer (whether commissioned or 
or non-commissioned) of His Majest/s regular force& ; or 

(e) in any municipal district, cantonment or notified area in the 
constituency, on the 1st day of April next preceding the date of pub- 
lication of the electoral roll, occupied as owner or tenant a house or 
building, or part of a house or building separately occupied, as a 
dwelling or for the purpose of any trade, business or profession, 

() of which the annual rentalvalue was not less than Rs. 36 
in a constituency in Sind ; or 

(ii) in any other constituency, if in such municipal district, 
cantonment or notified area, tax is based on the annual rental value 
of houses or buildings, of which the annual value was not less than 
Rs. 24 in the Panch Mahals or Ratnagiri District and not less than 
Rtt, 36 elsewhere; or, if no tax so based is levied, of which the 
capital value was not less than Rs. 1, 000 in the Panch Mahals and 
Ratnagiri Districts and not less than Rs. 1, 500 elsewhere. 

Explanation. For the purpose of the residential qualification 
required by this paragraph, Mahratta and non-Muhammadan consti- 
tuencies shall be deemed to be constituencies of the same communal 
description. 

Muhammadan Urban Constituencies 

IV. In a Muhammadan urban constituency every person shall be 
qualified as an elector who is a Muhammadan and save in that 
respect has the qualification prescribed for an elector of non-Muham- 
madan urban constituency. 

Muhammadan Rural Constituencies. 

V. In a Muhammadan rural constituency every person shall be 
qualified as an elector who is a Muhammadan and save in that 
respect had the qualification prescribed for an elector of a non- 
Muhammadan rural constituency. 

European constituencies 

VI. (1) In the Bombay City (European) constituency every 
person shall be qualified as an elector who is a European and save 
in that respect has the qualification prescribed for an elector of a 
Bombay City non-Muhammadan constituency. 

(2) In the presidency (European) constituency every person 
shall be qualified as an elector who is a European and who save In 
that respect has the qualification prescribed for an elector of a non- 
Muhammadan urban, other than a Bombay City, constituency or of 
non-Muhammadan rural constituency according as he has a place of 
residence within a nou-Muhammadan urban or rural constituency, 



LEGISLATIVE COUNCIL 209 

Special Constituencies 

VII. (1) In the constituency of the Deccan Sardars and Inamdars 
a person shall be qualified as an elector whose name is entered in the 
list for the time being in force under the Resolution of the Govern 
mont of Bombay in the Political Department, No. 2363, dated the 
23rd July, 1867, or who, on the 1st day of January next preceding 
the date of publication of the electoral roll, was the sole alienee of 

the right of Government to the payment of rent or land revenue 
in respect of an entire village situate within the constituency. 

(2) In the constituency of the Gujarat Sardars and Inamdars 
a person shall be qualified as an elector whose name is entered in the 
list for the time being in force under the Resolution of the Govern- 
ment of Bombay in the Political Department, No, 6265, dated the 
21st September, 1909, or who, on the 1st day of January next prece- 
ding the date of publication of tho electoral roll, was the sole alienee 
of the right of Government to the payment of rent or land revenue 
in respect of an entire village situate within the constituency. 

(3) In the constituency of the Jagirdars and Zamindars (Sind) 
a person shall be qualified as an elector who is a Jagirdar of the 
first or second class in Bind, or who in each of three revenue years 
preceding the publication of the electoral roll has paid not less 
than Rs, 1, 000 land revenue on land situate in any district in sind. 

University Constituency 

VIII. In the constituency of the Bombay University a person 
shall be qualified as an elector who, on the 1st day of April next 
preceding the date of publication of the electoral roll, had a place 
of residence in the Bombay Presidency (excluding Aden) and was 
a member of the Senate or an honorary Fellow of the University 
or a graduate of the University of seven years' standing. 

Commerce and industry constituencies 

IX. In a Commerce and Industry constituency a person shall be 
qualified as an elector if his name is entered in the list of members, for 
the time being in force, of the association forming such constituency. 

Miscellaneous Joint families 

X. Where any property is held or occupied or payment is 
made or received jointly by the members of a joint family, the 
family shall, if the majority of the members thereof are not subject 
to any of the disqualification specified in rule V of these rules, 
be adopted as a unit for deciding whether under the provisions of 
this Schedule the requisite qualification exist ; and if it does exist, 
the manager of the family only shall be qualified as an elector in 
respect of such property or payment, 

27 



210 RULES FOE THE BENGAL 

Trustees 

XI. No person holding or occupying any property or making or 
receiving any payment in a fiduciary capacity shall be qualified as an 
elector for any constituency in respect of such property or payment. 

Rental and capital value 

XII. The value of any machinery, furniture or equipment con- 
tained in, or situate upon, any house or building shall not be included 
in estimating the rental or capital value of such house or building. 

Service Tenure 

XIII. A person who occupies any dwelling house, other than a 
military or police barrack, by virtue of any office, service or employ- 
ment shall, if the dwelling-house is not inhabited by the person 
in whose service he is in such office, ser\ ? ice or employment, be 
deomod to occupy the .dwelling house as a tenant, 

Unas&essed land 

XIV. The average rate of assessment on assessed land in a 
village or, if there is no such land in the village, the average rate 
of assessment on assessed land in the nearest village containing 
such land shall be taken as the rate for calculating the assessable 
value of un assessed laud in such village. 

Revenue Etc, record conclusive proof. 

XV. For the purpose of deciding any claim to be registered 
in respect of any assessment, payment of rent or land revenue, 
rental value, capital value, or payment of income-tax, an entry in 
any revenue record or in the record of any municipal district or 
cantonment or notified area or in the records of the Municipal 
Corporation of the City ot Bombay, stating the amount of such 
fWessment, payment or value, shall be conclusive proof of the 
amount of such assessment, payment or value. 



Rules for the 

Bengal Legislative Council 

Composition of Legislative Council. 

L The Legislative Council of the Governor of Bengal shall 
consist of 

(1) the members of the Executive Council ev-offido ; 

(2) one hundred and fifteen elected members ; 



LEGISLATIVE COUNCIL 211 

(3) such number of members nominated by the Governor as 
with the addition of the members of the Executive Council, shall 
amount to twenty-four ; of the members so nominated 

(a) not more than sixteen may be officials, and 

(b) two shall be persons nominated to represent respectively 
the following classes or interests, namely : 

(t) the Indian Christian community, and 
(it) classes which, in the opinion of the Governor, are depressed 
classes, 

Elected Members' constituencies 

II. The elected members shall be elected by the constituencies 
specified in Schedule I to these rules, and the number of members 
to be elected by each constituency shall be as stated therein against 
that constituency. 

///. (General disqualifications same as on pp. 186/7) 
Special qualification for election in case of certain constituencies 

IV. A person shall not be eligible for election as a Member 
of the Council to represent 

(a) a non-Muhammarlan, Mulmninituhin, European or Anglo- 
Indian constituency (which constituencies are hereinafter in these 
rules referred to as general constituencies) unless his name is regis- 
tered on the electoral * roll of the constituency or of another general 
constituency of the same communal description ; or 

(1) a Landholders/ University, Commerce and Industry, oiv 
Labour constituency (which constituencies are hereinafter in these 
rules referred to as special constituencies) unless his name is entered 
on the electoral roll of the constituency. 

V. (Right to Elect same as on pp. 187) 

Qualification of Electors 

VI. (l) The qualifications of an elector for a general consti- 
tuency shall be such qualifications based on 

(i) community. 

(ii) residence, and 

(Hi) (a) occupation of a building, or 

(b) payment of municipal or cantonment taxes or fees, or 

(c) payment of cesses under the Cess Act, 1880, or 

(d) payment of chaukidari tax or union rate under the 
Village-Chaukidari Act, 1870, or the Bengal Village Self-Govern- 
ment Act, 1919, or 

(e) payment of income- tax, or 

(/) receipt of a military pension, or 
(g) the holding of land, 



212 RULES FOti THE 

as are specified in Schedule II to these rules in the case of 

constituency. 

() Same as VI (2), p. 188. 

[The other rules are tto same as given on pp, 188-193] 



SCHEDULE I. 

List of Constituencies. 



Name of Constituency. 
Calcutta (Non-Muhammadan). 



Hoogly Municipal 


do 


Howrah Municipal 


do 


Barrack pore 


do 


21 Parganas ,, 


do 


Dacca City 


do 


Kurd wan 


do 


Birbhum 


do 


Bankura 


do 


Alidnapore, A. 


do 


Midnapore, 15. 


do 


Hoogly cum Howrah 




Rural 


do 


2't-Varganas Rural A. 


do 


2 1 -Parganas B. 


do 


21-Parganas C. 


do 


Nadia 


do 


Murshidabad 


do 


Jcssore 


do 


Klmlna 


do 


Dacca ,, 


do 


Mynicnsiugli A. 


do 


My nit HHingh B, 


do 


Paridpur 


do 


Bakavganj A. 


do 


liakarganj B. 


do 


i'liittagong 


do 


Tippcra 


do 


Noakbali 


do 


Rajshahi 


do 


Dinajpur 


do 


Rangpur 


do 


Bogra cum Padua 


do 


Malda 


do 


Jalpaiguri 


do 



Class of Constituency. 

Non-Muhammadan Urban 
do 
do 
do 
do 
do 

Non-Mubammadan Kural 
do 
do 
do 

(In 

do 
do 
do 
do 
do 
d 



d) 



do 
do 
do 
do 
do 
do 
do 
do 
do 



Number of 
Members. 

6 

1 

1 

1 

1 

1 

2 

1 

2 

J 

2 

1 
1 
1 
1 
1 
1 
2 
1 
1 
1 
1 
2 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 



LEGISLATIVE COUNCIL 213 

Name of Constituency. Class of Constituency, Number of 

Members. 

Calcutta (Muhammadan) Muhammadan Urban 2 
Hoogly cum Howrah 

Municipal do do 1 

Barrackpore Municipal do .do 1 

24-Parganas do do do 1 

Dacca City do do 1 
Burdwan Division 

North (Muhammadan) Muhammadan Rural 1 
Burdwan Division 

South do do \ 

2(.rarganas Rural do do 1 

Nadia do do 1 

Murshulabad do do 1 

tJuBBorc do do 2 

Khulna do do 1 

Dacca Rural do do 1 

Mymenbingh A. do do 2 

fttymcnsiugh B. do do 2 

Far id pur do do 2 

Bakaiyanj A do <io 1 

Bakarganj B. <lo do 1 

Bakarganj ( 1 . do do 1 

Chittagorig do Muhammadan Rural 2 

Tippera do do 2 

Noakali do do 2 

Rajshahi bo do 2 

Dinajpur do do 1 

Rangpur do do 2 

Bogra do do I 

Pabna do do 1 

Malda cum Jalpaiguri do do 1 

Presidency and Burdwan (European) European 4 

Dacca and Chittagong (European) do 1 

Rajshahi (European) do 1 

Anglo-Indian Anglo-Indian 3 

Burdwan Landholders Landholders 1 

Presidency Landholders do 1 

Dacca Landholders do 1 

Chittagonp Landholders do 1 

Itajshahi Landholders do 1 

Calcutta University University 1 

Bengal Chamber of Commerce Commerce and Industry 6 

Indian Jute Mills Association do 2 

Indian Tea Association do 1 

Indian Mining Association do 1 

Calcutta Trades Association do 2 

Bengal National Chamber of Commerce do 1 

Marwari Association do 1 

Mahajan Sabha do 1 

24,parganas Wage-earners Labour 1 

Calcutta Wage-earners do \ 



SCHEDULE II: 

QUALIFICATION OP ELECTORS. 

Definitions. 

I. In this Schedule 

(a) "an angle-Indian " means any person being a British 
subject and resident in British India, 

(t) of European descent in the male line who is not a 
European, or 

(it) of mixed Asiatic and non-Asiatic descent whose father, 
grand-father or more remote ancestor in the male line was born in 
the Continent of Europe, Canada, Newfoundland, Australia, New 
Zealand, the Union of South Africa, or the United States of 
America, and who is not a European ; 

(6) "a European" means any person of European descent 
in the male line being a British subject and resident in British 
India who either was born in or has a domicile in the British Isles, 
Canada, Newfoundland, Australia, New Zealand or the Union of 
South Africa, or whose father was so born or has or had up to the 
date of the birth of the person in question such a domicile : 

(c) "previous year " means the financial year preceding that 
in which the electoral roll for the time being under preparation is 
first published under these rules. 

General Constituencies. 
Qualifications based on community. 

II, A person shall be qualified as an elector 

(a) for a non-Muhammadan constituency who is neither a 
Muhammadan nor a European nor an Anglo-Indian ; and 

(b) for a Muhammadan, European or Anglo-Indian constituency 
according as he is a Mnhammadan, European or Anglo-Indian : 

Provided that such person possesses the further qualifications 
hereinafter prescribed for an elector of the particular constituency. 
Urban and rural constituencies other than Calcutta constituencies, 

HI. Subject to the provisions of paragraph 2 of this Schedule, 
a person shall be qualified as an elector for an urban or rural 
constituency, other than a Calcutta constituency, who has a place 
of residence in the constituency and who 

(1) has paid, during and in respect of the previous year or, 
as the case may be, during and in respect of the Bengali year pre- 
ceding that in which the electoral roll for the time being under 
preparation is first published under these rules, 



LEGISLATIVE COUNCIL 215 

(a) in the municipalities of Howrah or Cossipore-Chitpur, 
municipal taxes or fees of not less than Rs. 3, or in any other muni- 
cipal or cantonment area, municipal or cantonment taxes or fees 
of not less than Rs. 1-8-0, or, 

(b) road and public* works cesses under the Cess Act, I860, 
of not less than Re. 1 ; or, 

(c) chaukidari tax undor the Village Chaukidari Act, 1870, or 
union rate under the Bengal Village Solf-Government Act, 1919, of 
not less than Rs. 2, or, 

(d) income-tax ; or, 

(2) is a retired and pensioned officer (whether commissioned 
or non-commissioned) of His Majesty's regular forces. 
Calcutta constituencies 

IV. Subject to the provisions of paragraph 2 of this Schedule, 
a person shall be qualified as an elector for a Calcutta constituency 
who has 'a place of residence in Calcutta as defined in section 3 (7) 
of the Calcutta Municipal Act, 1899, and who 

(1) during the previous year 

(i) was entered in the Municipal assessment book as 

(a) the owner and occupier of some land or building in 
Calcutta separately numbered and valued for assessment purposes at 
not less than Rs. 150 per annum, or 

(b) the owner or occupier of some land or building in Calcutta 
separately numbered and valued for assessment purposes at not less 
than Rs. 300 per annum: provided that no person shall bo qualified 
in virtue ofc any of the above qualifications unless the owner and 
occupier's share or the owner's or occupier's share, as the case may 
be, of the consolidated rate on such land or building for the afore- 
said year has been paid during that year, or, 

(ii) has paid in respect of that year on his sole account and in 
his own name not less than Rs. 24 either in respect of the consoli- 
dated rate levied under Chapter XII, or in respect of the taxes 
levied under Chapter XI 1 1, or in respect of the taxes levied undei 
Chapter XIV, of the Calcutta Municipal Act, 1899: provided that 
if any payment has been made in respect of the consolidated rate, 
a person shall be qualified only if his name is entered in the munici 
pal assessment book in respect of the payment ; or 

(tit) has paid income-tax in respect of that year ; or 
(2) is a retired and pensioned officer (whether commissioned 
or non-commissioned) of His Majesty's regular forces. 
European coottituencies. 

V. A person shall be qualified as an elector for a Europeai 
constituency who is a European and has a place of residence in th< 



216 RULES FOR TH% BENGAl 

constituency and has any of the qualifications prescribed for an 
elector of any urban or rural constituency included in the area of 
such European constituency. 

The Anglo-Indian constituency. 

VI. A person shall be qualified as an elector in the Anglo Indian 
constituency who has a place of residence in Bengal and has any of 
the qualifications prescribed for an elector of any urban or rural 
constituency. 

Joint families. 

VII. Where property is held or payments are made jointly by the 
members of a joint family, the family shall be adopted as the unit 
for deciding whether under this Schedule the requisite qualification 
exists ; and, if it does exist, the person qualified shall be the manager 
of the family. 

Fiduciary capacity. 

VIII. A person shall not be qualified as an elector for a general 
constituency by virtue of any property held or payment made as a 
trustee, administrator, leceiver or guardian or in any other fiduciary 
capacity. 

Special Constituencies. 
Landholders' constituency. 

IX. A person shall be qualified as an elector of a Landholders' 
constituency who has a place of residence in the constituency and 
who during the previous year 

(a) in the case of the Burdwan Landholders, and Presidency 
Landholders' constituencies, held in his own right as a proprietor 
one or more estates or shares of estates and paid in respect thereof 
land revenue amounting to not less than Rs. 4,500, or road and 
public works cesses amounting to not less than Rs. 1,125, or, 

(b) in the case of the Dacca Landholders', the Rajshahi Land- 
holders' and the Cbittagong Landholders' constituencies, held in 
his own right as a proprietor one or more estates or shares 
of estates, or one or more permanent tenures or shares of 
such tenures held direct from such a proprietor, and paid in respect 
thereof land revenue amounting to not less than Rs. 3,000. or 
road and public works cesses amounting to not less than Rs. 750. 

Determination of qualification 

X. In determining the qualification of a person as an elector 
for a Landholders' constituency 

(a) only such estates and shares of estates and only such per- 
manent tenures and shares of permanent tenures as are not within 



LEGISLATIVE COUNCIL 217 

the district of Darjeeling or the Ghittagong Hill Tracts, shall be 
taken into account ; 

(b) only such estates and shares of estates as are held by him 
in his own right and not in a fiduciary capacity and are registered 
in his own name in the registers maintained under tho Land Begis- 
tration Act, 1876, shall be taken into account ; 

(c) only such permanent tenures and shares of permanent 
tenures as are held by him (as owner) in his own right and not in 
a fiduciary capacity, shall be taken into account ; 

(d) only land revenue or road and public works cessos payable 
in respect of his own personal share, shall be taken into account ; 

(e) if a landholder pays land revenue or cesses in two or more 
constituencies and his payments in no one of these constituencies 
reach the amount prescribed for that constituency, and if his pay- 
ments in all the constituencies, when aggregated, are not less than 
the amount prescribed for one of the constituencies in which he has 
a place of residence and pays land-revenue or cesses, he shall be 
qualified as an elector for that constituency or, if there is more 
than one such constituency, for the constituency in which he 
makes the largest payment ; 

(/) if the amount of land-revenue or road and public works 
cosses paid by a landholder in respect of any share of an estate, or 
permanent tenure is not definitely known, the District Officer of the 
district in which such estate or tenure is situated shall estimate the 
amount paid in respect of such share, and his decision shall be final. 

Explanation. A Mutwalli or manager of a wakf estate shall be 
deemed to hold such estate in his own right, but a trustee or 
manager of an estate other than a wakf estate shall not be so deemed. 

XI. A person shall be qualified as an elector for the Calcutta 
University constituency who has a place of residence in Bengal and is 
a member of the Senate or an Honorary Fellow of tho University, or 
a graduate of the University of not less than sevtfn years' standing. 

XII. (l) *Chamber members' of the Bengal Chamber of Commer- 
ce arid 'permanent members' of tho Indian Jute Mills Association 
and of the Indian Tea Association, and of the Indian Mining 
Association shall be qualified respectively as electors for the 
constituency comprising the Chamber or Association of which they 
aro such members : provided that no person shall be so qualified 
who has not a place of residence in India. 

Explanation. " Chamber member " and *' permanent member " 
include any person entitled to exercise the rights and privileges of 
chamber membership or permanent membership, as the case may be, 
on behalf of any firm, company or other corporation registered as 
such member. 

28 



218 RULES FOR THE U. P. 

(2) Members of the Calcutta Trades Association, life and 
ordinary members of the Bengal National Chamber of Commerce, 
life and ordinary members of the Bengal Mahajan Sabha, and life 
and ordinary and mufassal members of the Marwari Association, 
Calcutta, shall be qualified respectively as electors for the consti- 
tuency comprising the Association, Chamber or Sabha of which they 
are such members : provided that no person shall be so qualified 
who has not a place of residence in India. v 

Explanation." Member," " life member," " ordinary member " 
and " mufassal member " include 

(a) in the case of a firm, any one partner in the firm, or, if no 
such partner is present in Calcutta at the date fixed for the election, 
any one person empowered to sign for such firm, and 

(I) in the case of a company or other corporation any one 
manager, director or secretary of the company or corporation, 

Labour constituency. 

XIII. A person shall be qualified as an elector for a labour 
constituency who has a place of residence in the constituency and is, 
on account of employment by a company which is a member of on& 
of the affiliated associations of the Bengal Chamber of Commerce, 
in receipt of a monthly wages amounting to Rs. 25 and not 
exceeding Us. 35. 



Rules for the 

U. P. Legislative Council 

Composition of Legislative council . 

1. The Legislative Council of the Governor of the United 
Provinces of Agra and Oudh shall consist of 

!l] two members of the Executive Council ex-offkio ; 
21 one hundred elected members ; and 
3J twenty-one members nominated by the Governor,, of 
whom 

[al not more than sixteen may be officials, and 
[JJ three shall be persons nominated to represent re$i octively 
the following classes or interests, namely 
ft! the Angto-Indian community ; 
[ti] the Indian Christian community ftnd 



LEGISLATIVE COUNCIL 219 

[til] classes which in the opinion of the Governor are depressed 



Elected Members Constituencies. 

II. The elected members shall be elected by the constituencies 
specified in Schedule I to these rules, and the number of members 
to be elected by each constituency shall be as stated therein against 
that constituency. 

[Sec. HI. General disqualifications same as on pp. 186*7.] 

IV. (l) A person shall not be eligible for election as a Member 
of the Council to represent 

(a) a non-Muhammadan or Muhammadan constituency unless 
his name is registered on the electoral roll of a non-Muhammadan 
or Muhammadan constituency ; or 

[b] the European or a special constituency unless his name is 
registered on the electoral roll of the constituency. 



( 2l For the purpose of these rules 
J " 



General constituency " means a Non-Muhammadan, 
Muhammadan or European constituency. 

[b] " Special constituency " means a Taluqdars', Agra Land- 
holders', University, or Commerce and Industry constituency. 

For the red of the rules See pp. 187-198 subject to the following 
corrections : 

For VI (7), Hi (a) read "oivnership or tenancy of a luilding" 
and for Hi (b) read "assessment to Municipal Tax' 1 

In Section X (/), (7) Omit the provisos 
In Section XI jot (3) read the following : - 

(3) in the case of tho general Taluqdars' and Agra Land- 
holders' constituencies, the division of the constituencies into polling 
areas in such mariner as to give all electors such reasonable facilities 
for voting as are practicable in the circumstances, and the appoint- 
ment of polling stations for these areas ; 

And add Section XXI as follows : 

XXI. Until a Governor is appointed for the United Provinces 
of Agra and Ondb, references in these rules to the Governor shall be 
deemed to be references to the Lieutenant-Governor. 



SCHEDULE I. 

Liid of Consiihiencict'. 



Name of ConHtit.uciicy 




Class of CoiiHtiturnoy. 


Number of 
members. 


Agra City 




Non-Muhammadan Urban 


1 


Cawuporc do 




do 


1 


Allahabad do 




do 


1 


Lucknow do 




do 


1 


Benares do 




do 


1 


Bareilly do 




do 


1 


Meerut cum Aligarh 




do 


1 


Moradabad cum Hhahjnhanpur 


do 


1 


X)ehra Dun District 




Non-Muhammadan Hural 


1 


Saharanpur do 




do 


1 


Muzaffarnagar do 




do 


1 


Meerut do 


(North) 


do 


1 


Meerut do 


(SoutlO 


do 


1 


Meerut do 


(East) 


do 


1 


Bulandshahr do 


(East) 


do 


1 


Bulandshahr do 


(West) 


do 


1 


'Aligarh do 


(East) 


do 


1 


Aligarb do 


(West) 


po 


1 


Muttra do 




do 


1 


Agra do 




do 


1 


Mampuri do 




do 


1 


Etah do 




do 


1 


Bareilly do 




do 


1 


Bijuor do 




do 


1 


Budaun do 




do 


1 


Moradabad do 




do 


1 


Shahjahanpur do 




c o 


1 


JMlibhit do 




do 


1 


JhariHi do 




do 


J 


Jalauri do 




'o 


1 


Hamirpur do 




do 


1 


tfaiida do 




( n 


] 


Farrukhabad District 




Nou-Mui'JMViin; Inn l'ur:il 


1 


Ktawah do 




d 


1 


Cawnpore do 




( O 


I 


Katehpur do 




( 


1 


Allahabad do 




< o 


1 


Benari'H do 







1 


Mirxapur do 




( O 


1 


Jaunpur do 




d > 


1 


Uhazipur do 




< o 


1 


Uallia do 




( > 


1 


ttorakhpur " do 


(West) 


do 


I 


Gorakhpur do 


(East) 


do 


1 


Basti do 




do 


I 


Azamgarh do 




do 


1 



LEGISLATIVE COUNCIL 

Name of Constituency Class of Constituency. Number of 

Members* 

NainiTal do do 1 

Almora do do 1 

Gaihwal do do 1 

Lucknow do do 1 

Unao do do 1 

llae Bareli do do 1 

Sitapur do do 1 

Hardoi do do 1 

Kheri do do 1 

Fyzabad do do 1 

Gonda do do 1 

Bahraich do do 1 

Sultanpur do do 1 

Partabgarh do do 1 

Bara Banki do do I 

Allahabad cura Benares Muhanimadan Urban I 

Lucknow cum Cawnporc do 1 

Agra and Meerut cum Aligarh do 1 

Bareilly and Shahjahanpur cum do 1 

Moradabad. do 1 

Dehra Dun District (Muhammadan) do 1 

^aharanpur do do do 1 

Moerut do do do 1 

MuBaffarnagar do do do 1 

Bijnor do do do 1 

Bulandsbahr do do do 1 
Aligarh, Muttrji and 

Agra do do do 1 
Mainpuri, Etali and 

Farrukhabad do do do 

Ktawah, Cawnpcrc and do 

Fatohpur do <Io do 1 

Jhansi Division do do 1 
Ailahadad, Jauupur and 

Mirzapur do do 1 

Benares, Gazipur, BuHia niwl 

Azamgarh do do do I 

Uorakhpur <lo do do J. 

Baatt Difitrict (Muluimrmidari) Muhanimadan Kural J 

North 'Moradaba.-i <lo do 1 

South Moradabad do do 1 

Budaun do do do 1 

Shahjahanpur do do do 1 

Harcilly , do do do 1 
Kumaun Division cum 

IMlibhit do do do 1 
Gonda and 

Bahraich do do do 1 

Kheri and Sitapur Dibt. do do 1 
Hardoi,, Luckncw and 

Unao do do Mqhammadan Bural 1 
Kyzabad and Bara- 

Banki do do do ] 



XULES FOR THE ff. P. 

Name of Constituency. Class of Constituency. Number of 

Members. 

Sultanpur, Partabgarh Muhammad an Rural 

and Bae Bareli District do 

European European 

Agra Landholders (North) Landholders 

Agra Landholders (South) do 

Taluqdars do 

Upper India Chamber of Commerce and Industry 

Commerce. 

United Provinces chamber of do 

Commerce. 

Hahabad University University 



SCHEDULE II. 

Qualifications of Electors. 
Definitions. 

I. In this Schedule 

(a) "a European "-[Sw p. 914, (J). ] 

(b) "municipal tax" means a tax imposed under the provisions 
of the United Provinces Municipalities Act, 1916, the United Pro- 
vinces Town Areas Act, 1914, or the Cantonments Act, 1910 ; 

(c) "owner" does not include a mortgagee, a trustee, or a lessee ; 
[Seep. 214 1 (c).] 

(e) "urban area" means a Municipality or notified area as defin- 
ed in the United Provinces Municipalities Act, 1916, or a town area 
as defined in the United Provinces Town Areas Act, 1914, or a 
cantonment as defined in the Cantonments Act, 1910. 

Joint families. 

II. (l) Where property is held or payments are made jointly by 
the members of a joint family, the family shall be adopted as a unit 
for deciding whether under this Schedule the requisite qualification 
exists; and, if it does exist, the person qualified shall be, in the case 
of a Hindu joint family, the manager thereof or the member 
nominated in that behalf by a majority of the family, and in other 
cases the member nominated in that behalf by the family concernec}. 

(2) A person may be qualified either in his personal capacity or 
in the capacity of a representative of a joint family, but not in both 
capacities. 

Occupation of house. 

III. A person who occupies a house, other than a bouse in any 
military or police lines, by virtue of any office, service employment 



LEGISLATIVE COUNCIL 223 

shall, if the house is not inhabited by the person in whose service or 
employment he is, be deemed to occupy the house as a tenant. 

IV. For the purpose of determining any claim to a qualification 
under this Schedule, the entries contained in land revenue and 
municipal records shall be conclusive evidence of the facts stated 
therein. 

V. A person shall bo qualified as an elector 

(a) for a non-Muhammadan constituency who is neither a Euro* 

pean nor a Muhammadan, 

(J) for a Muhammadan constituency who is a Muhammadan, 
(c) for the European constituency who is a European : 
Provided that such person possesses the further qualifications 

hereinafter prescribed for an elector of the particular constituency. 

VI. Subject to the provisions of paragraph 5 of this Schedule, 
a person shall be qualified as an elector for an urban constituency 
who (l) has a place of residence in the constituency or within two 
miles of the boundary thereof, and 

(a) is, in any place in the area afoiesaid in which a house or 
building tax is in force, the owner or tenant of a house or build- 
ing of which the rental value is not less than Rs. 36 per annum, or 

(1) was, in any area in the constituency in which no house or 
building tax is in force, assessed in the previous year to municipal 
tax on an income of not less than Rs, 200 per annum, or 

(c) is, in any area in the constituency in which neither a house 
or building tax nor a municipal tax based on income is in force, the 
owner or tenant of a house or building of which the rental value is 
not less than Rs. 36 per annum, or 

(d) has within the constituency any of the qualifications based 
on the holding of land hereinafter prescribed for an elector of a rural 
constituency; or 

(2) has a place of residence in the constituency and 

(a) was in the previous year assessed to income-tax ; or 

(b) is a retired and pensioned officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces. 

Rural constituencies. 

VII. Subject to the provisions of paragraph 5 of this Schedule, 
a person shall be qualified as an elector for a rural constituency who 
has a place of residence in the constituency and-* 

(a) is, in an urban area included in the constituency in which a 
house or building-tax is in force, the owner pr tenant of a house or 
building of which the. rental value is not less than Rs. 36 pet 
annum ; or 

(6) was, m.an urban area included in the constituency in which 



224 KVLES FOB THE U. P. 

no house or building- tax is in force, assessed in the previous year to 

a municipal tax on an income of not less than Re. 200 per annum ; or 

(c) is, in an urban area included in the constituency where 
neither a house or building- tax nor a municipal- tax based on income 
is in force, the owner or tenant of a house or building of which the 
rental value is not less than Rs. 36 : or 

(d) is the owner of land in the constituency in respect of which 
land revenue amounting to not less than Rsjgjjjjer annum is pay- 
able ; or 

(e) is the owner of land in the constituency free of land revenue, 
if the land revenue, nominally assessed on such land in order to deter- 
mine the amount of rates payable in respect of the same, either alone 
or together with any Lind revenue payable by him as owner in 
respect of other land in the constituency, amounts to not less than 
Rs, 25 per annum ; or 

(/) being a resident in the hill pattis of Kumaun, is the owner 
of a free simple estate or is assessed to the payment of land revenue 
or cessess of any amount, or is a Kbaikar ; or 

(y) being in the constituency a permanent tenure-holder or a 
fixed rate tenant as defined in the Agra Tenancy Act, 1901, or an 
under proprietor or occupancy tenant as defined in the Oudh Rent 
Act, 1886, is liable to pay rent as such of not less than R^s. 25 
per annum ; or 

(h) (i) being in the constituency a tenant as defined in the 
Agra Tenancy Act, 1901, or the Oudb Rent Act, 1886, other than a 
sub-tenant, holds land as such in respect of which rent of not less 
than Rs. 50 per annum or its equivalent in kind is payable, or 

(it) in areas in the United Provinces in which the Agra 
Tenancy Act, 1901, or the Oudh Rent Act, 1886, is not in force, 
holds land as a tenant in respect of which rent of not less than Rs, 
(50 per annum or its equivalent in kind is payable ; or 

(i) was in the previous year assessed to income-tax ; or 

(j ) is a retired and pensioned officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces. 

The European constituency. 

VIII. Subject to the provisions of paragraph 5 of this Schedule, 
a person shall be qualified as an elector for the European constitu- 
ency who has a place of residence in the United Provinces of Agra 
and Oudh and has any of the qualifications proscribed for an elector 
of any urban or rural constituency. 

Special Constituencies The Taluqdars' constituency. 

IX. A person shall be qualified as an elector for the Taluqdars 



who is an ordinary member of the. British Indian 
Association of Oudh, . 

Agfft Landholder^' constituencies. 

X. A person shall be qualified as an elector for an Agra Land- 
holders' constituency who has A place of residence in the oonstitu- 
sncy and 

(a) is (he owner of land in the constituency, in respect of which 
land revenue amounting to not less than Ra. 5, 000 is payable ; or 

(6) is the owner of land in the constituency free of land revenue! 
if the land revenue nominally assessed on such land in order to 
determine $he amount of rates payable hi respect of the same, either 
alone or together with any land revenue payable by him as owner 
in respect of other land in the constituency, amounts to not less 
than Rs, 5, 000 per annum : 

Provided that, in determining the eligibility of a landholder as 
an elector, only land revenue payable or nominally assessed in respect 
of such land or share in land as he may hold in his own personal 
right and not in a fiduciary capacity shall be taken into account. 

Commerce and industry constituencies 

XL A person shall be qualified as an elector 

(a) for the Upper India Chamber of Commerce constituency 
who 

(0 is a member, other than an honorary or affiliated member, 
of the Upper India Chamber of Commerce and has a place of 
business within the United Provinces of Agra and Oudh ; or 

(ii) is entitled to exercise the rights and privileges of member* 
g)iip of the said Chamber on behalf of and in the name of any firm, 
company or other corporation which has a place of business within 
the United Provinces of Agra and Oudb ; and 

(b) for the United provinces Chamber of Commerce constitu- 
ency, who 

(*), i a member, other than an honorary member, of the United 
Province* Chamber of Commerce and has a place of business or 

3 the United Province* of Agra and Oudh ; or 
<ii) is entitled to exercise the rights and, privileges of member- 
the said Chamber on bebalf and in the name of any firm, 
or other corporation which, has a place of business in tfie 




the Univtrtity constituency 
XII. A person shdf be qualified afl,elotor for jbW AlWmbad 



226 KULBS FOR THE PUNJAB 

(a) resides in India and is a member of tho Senate or an 
Honorary Fellow of the University of Allahabad ; or 

(b) resides in the United Provinces of Agra and Oudh and is 
(i) a Doctor or Master, or 

; , (ii) a graduate of not less than seven years' standing, 
in any Faculty of the University of Allahabad : 

Provided that, no elector shall have more than one vote in the 
constituency though he may have more than one of the afore- 
said qualifications. 



Punjab Legislative Council 

[. The Legislative Council of the Governor of tho Punjab 
shall consist of 

(1) t\vo members of the Executive Council ex-officio ; 

(2) sixty-five elected members ; 

(3) twenty members nominated by the Governor, of whom 
'(a) "'not more than fourteen may be officials, and 

^u(6) four shall be persons nominated to represent the classes here- 
inafter specified accoiding to the following distribution, namely : 

(1) the European and Anglo-Indian communities 2 
(ii) the Indian Christian community ... ... 1 

(Hi) tho Punjabi officers and soldiers of His Majesty's Indian 

Forces ... ... 1 

II. The elected members shall be elected by the constituencies 
specified in Schedule I to these rules, arid the number of members 
to be elected by each constituency shall be as stated therein against 
that constituency. 

[liuk 111 same a,s before (pp. 185 6)] 

IV. (1) A person shall not be eligible for election as a Member 
of the Council to represent any general or special constituency unless 
his name is registered on tho electoral roll of the constituency. 

(2) For the purpose of these rules 

(a) "general constituency " means a noh-Muhannnadan; Muham^ 
madao, or Sikh constituency ; and 

(b) " special constituency " means a Landholders', University, 
Commerce or Industry constituency. 

For the rest of the Itules see pp. 187-193, subject to the following 
alterations, etc. 

For "Fort St. George Gazette" read "Punjab Gazette. 

For VI (l) (iii) read the following : 

(iii) (a) ownership or tenancy of immoveable property, or 



LEGISLATIVE COUNCIL 227 

(b) assessment to municipal or cantonment taxes, or 

(c) assessment to income tax, or 

(d) receipt of a military pension, as are specified in Schedule 
In X (7), (7) omit the provisos, 

And add $$c. XXI as follows : 

XXI. Until a Governor is appointed for the Punjab, refer 
ence in those rules to the Governor shall be deemed to be references 
to the Lieutenant-Governor . 



SCHEDULE I. 

Lid of Constituencies. 

Name of Constituency. Class of Constituency. Number of 

Members. 

South-East Towns (Non-Muhammadan) Non-Muhammadan Urban 1 

North-East do do do 1 

West-Central do do do 1 

Kast-Central do do do 

North-West do do do 

West Punjab do do do 

Hissar do Non-Muhammadun Rural 

South East Rohtak do do 

North West UohtaK !< do 

Gurgaon do do 

Karnal do do 

Ambala cum Simla do do 

Kangra "do do 

Hoshiarpur do do 

Jullundur cum Ludhiana do do 

Lahore and Ferozcpur cum do do 

Sheikhupura 

Amritsar cum Gurdaspur do do 

Rawalpindi Division and do do 

Lahor< Division (North) 

Multan Division do do 

Webt Punjab Tow us (Muhammad an) Muhammadan Urban 

West Central Towns do do 

East Central do do do 

South East do do do 

Gurgaon cum Hissar do Muhammad an Rural 

Ambala Division (North do do 

East) 

Hoshiarpur cum Ludhiana do do 

Feroxepore do do 

Jullundur 'lo do 

Kangra cum Gurdaspur do do 

Lahore do do 

Amritsar do do 

Sialkot do do 

Gujranwala . do do 



'228 

Name of Constituency. 

Slicikhupura 

Gujrat 

Shah pur 

Mianwali cum Khushah 

Attock 

Rawal Pmdi 

Jhclutn 

Lyallpur North 

Lyallpur South 

Montgomery 

Multau ttast 

Multan West 



KVLES FO'l THE 



do 
do 
do 
do 
do 
do 
do 



Class of Constituency. 

Muhammadan Rural 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



No of 
members. 

1 

1 
1 
1 
1 



Mu/affargarh 
Dora G-hazi Khan 
Ambala Division with Hohlnarpur 

Jt .,,,and Kangra (Sikh) Sikh 

Jullundur <lo do 

Luithiana do do 

Kcroxepore do do 

Lahore do do* 

Amritsar do do 

Sialkot cum Gurdaspur (SiKh) do 

Lyallpur (Sikh) do 

Multan Division and Sheikhupura (Sjkli) do 

Kawal Pmdi Division and Gujranwala (Sikh) do 

Punjab Landholders (General) Landholder^' 

Muh'ammadan Landiiuldcrb do 

Sikh fvandholders do 

Haloch Tumandarw ' do 

Punjab I T m versify Univeibity 

runinb Chamber oi' ( 1 ommcrce and Commerce and 

T .idi i s Ahsrx'iation Jndubtry 

Punjab Jndnstii"s do 



1 



II. The definition in this Sehedule of the extent of a rural constituency 
by reference 1oaDi\i&ion or District or part of a District shall not have the 
or! 'Ct of including in tliat constituency any area which is included in urban 
constituency of the bamc communal 



SCHEDULE II. 

Qualification of Electors 

1. For the purposes of this Schedule 

(a) "annual rental value " in relation to immoveable property 
means the amount for which such property, together with its 
appertiriances and furniture, if any, is actually let or may reason- 
ably be expected to let from year to year ; 

(i) "Date of publication of the electoral roll " mean* the 



LEGISLATIVE COUNCIL 229 

o which the electoral roll for the time being under preparation is 
first published under these rules ; 

(c) "land revenue " means land revenue as defined in section 3 
(6*) of the Punjab Land Revenue Act, 1887, and, in the case of 
fluctuating land revenue or laud revenue assessed on lands subject to 
river action, the average amount of such land revenue paid during the 
three years preceding the date of publication of the electoral roll ; 

(d) "member," in relation to the Punjab Chamber of Commerce 
or the Punjab Trades Association, includes any person entitled to 
exercise the rights and privileges of membership on behalf of and 
in the name of any firm, company or corporation registered as 
a member ; 

(e) "owner" does not include a mortgagee ; 

(/) "tenant" includes any person who is in possession of a 
house other than a military or police barrack, or of part of such a 
house, by virtue of any office, service or employment ; 

(f/) "the land records" means an attested record of rights or 
on attested annual record of rights maintained under Chapter IV 
oi the Punjab Land Revenue Act, 1887, and includes an order 
finally sanctioning a motion duly passed under that Chapter ; 

(k) "zaildar," "iuamdar," "sufedposh" and "lambardar" 
mean respectively a person appointed as a zaildar, inamdar, sufedposh 
or lambardar in accordance with rules for the time being in force 
under the Punjab Land Revenue Act, 1887, and do not include 
a substitute appointed temporarily for any such person. 

2. For the purposes of this Schedule, a person may be presumed 
to reside in a constituency if he has for the four years preceding 
the date of publication of the electoral roll continuously owned a 
residential house, or a share in a residential house, in the constitu- 
ency, and that house has not during the twelve months preceding 
such date been let on rent either in whole or in part. 

3. For the purpose of determining any claim to a qualification 
under this Schedule any entry in the land records or in any muni- 
cipal or cantonment records shall be conclusive evidence of the facts 
stated therein. 

4. Where property is held or payments are made by the members 
of a Hindu j jint family, the family shall bo adopted as the unit 
for deciding whether under this Schedule the requisite qualification 
exists ; and, if it' does exist, the person qualified as an elector 
shall be the manager of the family or a person appointed by the 
majority of the family in that behalf. 

General Constituencies. 

5. A person shall be qualified as an elector 



230 RULES FOB THE V. P. 

(a) in a non- Muhammadan constituency who is neither a 
Muhammadan nor a Sikh, 

(I) in Muhammadan constituency who is a Muhammadan, 
' (e) in a Sikh constituency who is a Sikh : 

provided that such person has the further qualifications hereinafter 
prescribed for an elector of the particular constituency. 

6. Subject to the provisions of paragraph 5 of this Schedule, 
a person shall be qualified as an elector for an urban constituency 
who resides in the constituency and who 

(a) has owned in the constituency for the twelve months 
preceding the date of publication of the electoral roll, immoveable 
property, not being land assessed to land revenue but including 
any building erected on such land, of the value of not less than 
Rs. 4,000 or of an annual rental value of not less than Rs. 96 : 
Provided that a person shall be deemed to have owned such pro- 
perty for any period during .which it was owned by any person 
through whom he derives title by inheritance ; or 

(b) has, for the twelve months aforesaid, occupied as a tenant 
in the constituency immoveable property, not being land assessed to 
land revenue but including any building erected on such land, of an 
annual rental value of not less than Rs. 96 ; or 

(c) was, during the twelve months aforesaid, assessed in respect 
of any direct municipal or cantonment tax to an amount of not less 
than Rs. 50 ; or 

(d) was, diirirg the financial year preceding the date of publica- 
tion of the electoral roll, assessed to income-tax ; or 

(e) is a retired and pensioned officer (whether commissioned or 
non commissioned) of His Majesty's regular forces ; or 

(/) has in the constituency any of the qualifications hereinafter 
prescribed for an elector of a rural constituency. 

7. Subject to the provisions of paragraph 5 of this Schedule, a 
person shall be qualified as an elector for a rural constituency who 
resides in the constituency, and who 

(a) is a zaildar, inamdar, sufedposh or lambardar in the 
constituency ; or 

(b) is the owner of land in the constituency assessed to land 
revenue of nojt less than Rs. 25 per annum ; or 

(c) is an assignee of land revenue amounting to not losef. than 
Rs. 50 per annum ; or 

(d) is a tenant or lessee, under the terms of a lease for a period 
of not less than three years, of Crown land in the constituency for 
which rent of not less than Rs. 25 per annum is payable : provided 
that, when the amount payable is assessed from harvest to harvest, 
the annual rent payable by such person shall be deemed to be the 



LEGISLATIVE COUNCIL 231 

annual average amount payable by him in the three years preceding 
the date aforesaid ; or 

(e) is a tenant with a right of occupancy as defined in 
Chapter II of the Punjab Tenancy Act, 1887, in respect of land in 
the constituency assessed to land revenue of not less than Rs. 25 
per annnm ; or 

(/) was, during the financial year preceding the date of publi- 
cation of the electoral roll, assessed to income-tax ; or 

(g) is a retired and pensioned officer (whether commissioned or 
non-commissioned) of his Majesty's regular forces ; or 

(h) has in the constituency any of tho qualifications prescribed 
for an elector of an urban constituency, 

Special Constituencies. 

8. (1) A person shall be qualified as an elector for a Land- 
holders' constituency (other than the Baloch Tumandars' constitu- 
ency) who resides in the Punjab arid who is 

(b) the owner of Land assessed to land revenue of not loss than 
Rs. 500 per annum ; or 

(a) an assignee of land revenue amounting to not less than Rs. 
500 per annum : 

Provided that, no person shall be qualified as an elector for the 
Muhammadan Landholders' constituency who is not a Muhammadan 
or for the Sikh Landholders' constituency who is not a Sikh, and no 
Muhammadan or Sikh shall be qualified as an elector for the Punjab 
Landholders' (General) constituency. 

(2) A person shall be qualified as an elector for the Baloch 
Tumandar's constituency who is a Tumandar recognised by the 
Government or a person performing the duties of a Tumandar with 
the sanction of the Government. 

9. A person shall be qualified as an elector for the Punjab 
University constituency who has resided in the Punjab during the 
twelve months preceding the date of publication of the electoral roll 
and is a Fellow or Honorary Fellow of the Punjab University or a 
graduate of the University of not less than seven years' standing. 

10. A person shall be qualified as aa elector for the Commerce 
constituency who has a place of business, or works for gain, in the 
Punjab Trades Association. 

[I. A person shall be qualified as an elector for the Industry 
constituency who 

(a) is the owner of a factory which is situated in the Punjab 
and is subject to the provisions of the Indian Factories Act, 1921, 
am) in which work has been carried on during the twelve months 
preceding the date of the publication of the electoral, or 



234 MULES FOR THE B. 0. 

(b) is a partner in a firm owning such a factory and has been 
nominated by the firm for the purpose of voting in it* behalf, or 

(c) is a member of a company having a place of business in the 
Punjab and having a paid up capital of not less than Us. 25,000, 
has been nominated by the company for the purpose of voting in 
its behalf. 



Rules for the 

B. & O. Legislative Council 

I. The Legislative Council of the Governor of Bihar and 
Orissa shall consist of 

(1) two Members of the Executive Council ac-officio ; 

(2) seventy-six elected members; 

(3) twenty-five members nominated by the Governor, of 
whom 

(a) not more than eighteen may be officials, and 

(b) nine shall be persons nominated to represent the classes 
or interests hereinafter specified According to the following dis- 
tribution, namely: 

[i] aborigines ... ... 2 

[ii] classes which are, in thn opinion of the Governor, depressed 

classes ... 2 

[iii] industrial interests other than planting and mining 1 

[iv\ the Bengali community domiciled n the province 1 

[v\ the Anglo-Indian community ... ... 1 

[nl the Indian Christian community ... i 

[vit\ the labouring classes ... > 1 

II. <fe llisame as bejore (p. 827) 

IV. A person shall not be eligible for election as a member of 
the Council to represent 

(a) a non-Muhammadan or Muhammadan or the European 
constituency (which constituencies are hereinafter in these rules 
referred to as general constituencies) unless his name is registered on 
the electoral roll of tha constituency or of another general constitu- 
ency ; 

(b) a Landlords', University, Planting, or Mining constituency 
(which constituencies are hereinafter in these rules referred to as 
special constituencies) unless his name is registered on the electoral 
roll of the constituency, 



LEGISLATIVE COUNCIL 233 

For the rest of the Rdes SM pp. 187-193, s'tbj^t to the following 
alterations, etc. 

For "Port St. George Gazette" read " B. & O. Gazette." 

Ew VI ( I) in read the following : 

(Hi) (a) assessment to municipal or cantonment rates or 
taxes, or 

(b) assessment to income-tax, 01 

(c) receipt of a military pension or 

(d) the holding of land, or 

(e) assessment under section 118C of tho Bengal Local Solf- 
(lovornment Act, 1885. 

In X (I), (7) omit the provisos, 

And add tfer XXI Mmiltr fo XXI p. :J:?0 

SCHEDULE I. 

Lid of Condituenciw. 

Name of Constituency. Class of Constituency. No. of 

Members. 

Patna Non-Muhammadan Urban 1 

Patna Division do 1 

Tirhut Division do 1 

Bhagalpur Division do . i 

Orissa Division do 

Chota Nagpur Division do 
West Patna Nori-Muliamrnadan llur.il 

East Patna do 

West Gaya do 

Central Gaya <io 

East Gaya do 

Arrah do 

Central Shahabad do 

South Shahabad do 

North Saran do 

South Saran do 

North Champaran do 

South Charaparan do 

North Muzaffarpur do 

East Muzaffarpur do 

West Muzaffarpur do 

Hajipur do 

North -West Darbhanga do 

North- East Darbhanga do 

South. East Darbhanga do 

Samastipur do 1 

North Bbagalpur do 1 

Central Bhagalpur do 1 

South Bhagalpur do 1 

East konghyr do 1 

30 



234 RULES FOE THE K. & 0. 

Name of Constituency. Class of Constituency No of 

Menders. 

North-west Monghyr Non-Muhammadan Rural 1 

South-west Monghyr do 1 

Purnea do 1 

Sanial Parganas (North) do 

Santa! Parganas (South) do 

North Cuttack . do 

South Cuttack do 

North Balasote do 

North Puri do 

South Puri do 

Sambalpur do 

Ranchi do 

Hazaribagh do 

Palamau do 

North Manbhum do 

South Muubhiiw do 

Siutfhbhuin * do 

Pntna Division Muhammadan TV ban 

Tirhut Division do 

Bhagalpur Division d 

West Patna Muhammadan Rural 

East Patna do 

Gaya do 

Shahabad do 

Saran do 

Cliamparan Uo 

Muxattarpur do 

Darbhanga ( {o 

Bhagalpur do 

Monghyr do 

Kishangauj d <( 

Puru< 4 a do 

Santal parganas d 

Orissa Division ( \ {) 

Chota Nagpur Division do 

Kuropean Kuropcan 

Patna Division Landholders Landholders 

Tirhut Division ,, do 

Bhngalpur Division ,, do 

Orissa Division ,, do 

Chota Nagpur do 

Biliar Planterh Planting 

Indian Mining association Mining 

Indian Mining federation do ] 

Patna University University j 



SCHEDULE II. 
Qualifications of Electors. 

1. For the purposes of this Schedule 
(a) "a European" means [See p. 214 I 

(I) "member" in relation to a Planting or Mining Association 
includes any person entitled to exercise the rights and privileges 
of membership on behalf of and in the name of any firm or company 
or corporation registered as a member ; 

(c) "previous year" means [See p. 814 I (c)] 

(d) a person shall be deemed to have a place of residence 
within the limits of a constituency if he 

(a) ordinarily lives within those limits, or 

(I) has his family dwelling house within those limits and oc- 
casionally occupies it, or 

(c) maintains within those limits a dwelling-house ready for 
occupation in charge of servants and occasionally occupies it. 

Explanation. A person may be resident within the limits of 
more than one constituency at the same time. 

2. Where property is held or payments are ma/Je jointly by 
the members of a joint family, the family shall be adopted as the 
unit for deciding whether under this Schedule the requisite qualifica- 
tion exists ; and, if it does exist, the person qualified shall be, in the 
case of a Hindu joint family, the manager thereof, and in other cases 
the member authorised in that behalf by the family concerned. 

General Constituencies 

3. A person shall be qualified as an elector for a non-Muham- 
madan or Muhammadan urban constituency who has a place of 
residence in the constituency or within two miles of the boundary 
thereof, and 

(a) was in the previous year assessed in respect of any muni- 
cipal or cantonment rates or taxes to an aggregate amount of not 
less than Es, 3, or 

(b) was in the previous year assessed to income-tax, or 

(c) is a retired and pensioned officer (whether coihmissioned 
or non-commissioned) of His Majesty's regular forces, or 

(d) holds within the constituency any of the qualifications 
hereinafter prescribed for an elector of a rural constituency : 

Provided that 

(a) no person who is not a Muhammadan shall be qualified as an 
elector for a Muhammadan constituency, and 



236 UVLEti yOH THE 1L & 0. 

(b) no Muhammadan or European shall be qualified as an 
elector for a non-Muhammadan constituency. 

4, A person shall be qualified as an elector for a non-Muham- 
madan or Muhammadan rural constituency who has a place of 
residence in the constituency, and 

(a) holds an estate or estates or portion of an estate or portions 
of estates for which a separate account or accounts (including a 
residuary account) has or have been opened for which land, whether 
revenue-paying or revenuo-free or rent-free land, an aggregate 
amount of not less than Rs. 12 per annum is payable direct to the 
Treasury as local cess ; or 

(b) holds a tenure or tenures and is assessed for the purpose 
of local cess at an aggregate amount of not less than Rs. 100 per 
annum ; or 

(c) holds land as a raiyat and is liable to pay an annual aggre- 
gate rent or local cess amounting respectively 

(0 to Rs. 16 and to S annas in constituencies in the Orissa 
and Chota Nagpur Divisions, 

(ii) to Rs. 64 and to Rs. 2 in constituencies in the Patna 
Division and the Munghyr District, 

(Hi) to Rs 24 and to 12 annas in constituencies in the Sonthal 
Parganas, and 

(iv) to Rs. 4.S and to Rs. 1-8-0 elsewhere ; or 

(d) was in the previous year assessed to not less than Rs. 1-8-0 
under section 1180 of the Bengal Local Self-Government Act, 1885, or 

(c) was in the previous year assessed to income-tax ; or 

(/) is a retired and pensioned officer (whether commissioned or 
non-commissioned) of His Majosty's regular forces ; or 

(</) being a Muhammadan resident in the Orissa or Ohota- 
Nagpur Divisions, was in the previous year assessed in respect of 
any municipal or cantonment rates or taxes to an aggregate amount 
of not less than Hs. 3 : 

Provided that 

(?') no per&on who is nut a Muhammadan shall be qualified as 
iiij elector for a Muhammadan constituency, and 

(ii) no Muhammadan or European shall be qualified as an 
elector lor a non-Muhammadan constituency. 

5. A person shall bo qualified as an elector for tho European 
constituency who is a European and has a place of residence in the 
province of Bihar and Orissa, and has any of the qualifications 
prescribed for an elector of any urban or rural constituency. 

Special Constituencies. Landholder's constituencies 
G. (1) Every landholder shall be qualified as an elector for a 
Landholders' constituency who has a plnce of residence in the consti- 



LEGISLATIVE COUNCIL 237 

tuency and is liable to pay not less than Es, 4.000 land revenue or 
Es. 1,000 local cess in the case of the Patna Division Landholders', 
the Tirhut Division Landholders', and the Bhagalpur Division 
Landholders' constituencies or Es. 6,000 land revenue or Es. 500 
local cess in the case of the Orissa Division Landholders' and 
Chota Nagpur Division Landholders' constituencies. 

(2) In determining the qualification of a landholder as an 
elector for any constituency 

(a) only such estates and shares of estates as are held by him 
as proprietor in his own right and not in a fiduciary capacity and 
are registered in his own name in registers maintained under the 
Land Eegistration Act, 1876, whether such estates or shares are 
situated in one or more constituencies, shall be taken into 
account ; 

(I) if the amount paid by the landholder in respect of any 
such share of an estate is not definitely known, the District 
Officer of the district in which such estate is situated shall estimate 
the amount so paid in respect of such shares, and his decision shall 
be final ; and 

(c) if a landholder pays land-revenue or cesses in respect of 
estates, or shares in estates, situated in two or more constituencies 
and if his payments in any one constituency do not qualify him as 
an elector, his payments within all the constituencies shall be aggre- 
gated, and, if such aggregate equals or exceeds the amount prescribed 
for the constituency in which he makes the largest payment, he 
shall be qualified as an elector for that constituency. 

7. A person shall be qualified as an elector for the Patna 
University constituency who is a graduate of more than seven 
year's standing, registered undei Regulation 2, Chapter XII of 
the Eegulations of the Patna University. 

8. A person shall bs qualified as an elector for tho Bihar 
Planters' constituency who is a member of tho Bihar Planners' 
Association, Limited, and qualified to vote as such and for tho time 
being resident in India. 

9. A person shall be qualified as an elector for the Indian 
Mining Association constituency who is a member of the Indian 
Mining Association, and a person shall be qualified as an elector 
for the Indian Mining Federation constituency who is a member 
of the Indian Mining Federation : provided that, any person who 
is a member both of the Association and of the Federation shall be 
qualified as an elector for such one only of the constituencies 
as he may elect. 



Kuies tor the 

C. P. Legislative Council 

I. The Legislative Council of the Governor of the Central 
Provinces shall consist of 

(1) two members of the Executive Council ex-offido ; 

(2) thirty-seven elected members ; 

(3) thirty-one members nominated by the Governor, of whom 

(a) not more than eight may be officials, 

(b) seventeen shall be persons nominated as the result of elec- 
tions held in Berar, and 

(c) five shall be persons nominated to represent the classes 
hereinafter specified according to the following distribution, 
namely : 

(1) the inhabitants of the Mandla district excluding Mandla 
town, ... ... ... ... 1 

(ii) the inhabitants of zamindari and jagirdari estates declared 
to be backward tracts, ... ... 1 

(Hi) the European and Anglo-Indian communities, ... 1 

(iv) classes which, in the opinion of the Governor, are depressed 
classes, ... ... ... 2 

Provided that, until the reconstitution of the Council next 
following the date on which a University is established at Nagpur, 
the uumber of elected members shall be thirty-six and number of 
persons nominated by the Governor shall be thirty-two, of whom 
one shall be nominated to represent University graduates in the 
Central Provinces. 

II. (free p. 180) with following proviso, 

5. Provided that, the provisions of this rule shall, in respect 
of the University constituency referred to in the said Schedule, first 
have effect for the purpose of the general election next following the 
date on which a university is constituted at Nagpur. 

III. (Seep. 186-7) 

IV. (1) A person shall not be eligible for election as a Member 
of the council to represent any general or special constituency unless 
his name is registered on the electoral roll of the constituency. 

(2) For the purpose of these rules 

(a) "general constituency" means a non-Mnhammadan or 
Muhammadan constituency ; and' 



LEGISLATIVE COUNCIL 239 

(b) " special constituency " means a Landholders', University, 
Mining, or Commerce and Industry constituency. 
(Re ftt as before) 



Nu,mo of Constituency. 



SCHEDULE I. 

7. Lid of Constituencies. 
Class of Constituency. 



.Jubbulpore City 
Jubbulpore Diviwion (Urban) 
Chattisgarh <lo do 
Nerbudda do do 

Nagpur Ciiy cum Kamptcc 
Nagpur Division 
.lubbulpore District South 
Jubbulpore do North 
Damoh 



Saugor 
Sconi 
Itai pu r 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



North 
South 



Nou-Muhammadan Urban 
do 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



do 

do 



Hilaspur 

Drug 

lloshaugabad 

Nimar 

Narsiughpur 

rhhimlwara 

hctul 

Nagpur 

Nagpur do (West) 

VVardln Talisil 

Ward ha do 

( 1 handa do 

Bhaudara do 

Halaghat do 

.lubbulporo Division 

rhattisgavh Diviyion 

Narbudda Division 

Nagpur Division 

Jubbulpore and Narbudda 

Nagpur and Chattisgarh 

Nagpur University 

Central Provinces and Perar 

Mining Association. 
Central Provinces Commerce and Industry 1 

II. The definition in this Schedule of a non-Muhammadan rural constitu- 
ency by reference to a District or part of a District shall not have the effect of 
including in that constituency any area included in a non-Muhammadan 
urban constituency. 



No^-Muliammadnn Ilural 
lo 
lo 
lo 
lo 
io 
do 
do 
do 
Ho 
do 

\Tuhannnadan llural 

do 

do 

do 

Landholders 

do 

University 
Mining 



No. of 
Members. 

1 
1 
1 



1 
1 
1 
1 
1 
I 
1 
I 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
I 
1 
1 
1 

I 
I 
1 
1 
1 
1 
1 



SCHEDULE II. 
Qualification of Electors 

1. For the purposes of this Schedule 

(a) 'member' in relation to the Central Provinces and Berar 
Mining Association includes any person entitled to exercise the 
rights and privileges of membership on behalf of and in the name 
of any firm, company or corporation registered as a member ; 

(I) 'previous year' moans the financial year preceding that in 
which the electoral roll for the time being under preparation is first 
published under those rules ; 

(c) 'urban area' means a municipality, notified aroa, cantonment, 
or railway settlement. 

(d) a person shall be deemed to have a place of residence in a 
constituency if he 

(i) has actually dwelt in a house, or part of a house, within 
the constituency for an aggregate period of not less than 180 days 
during the calendar year preceding that in which the electoral roll 
for the time being under preparation is first published under these 
rules ; or 

(ii) has maintained within the constituency for an aggregate 
period of not less than 180 days during that year a house, or part 
of a house, as a dwelling for himself in charge of his dependants 
or servants, and has visited such house during that year. 

2. For the purpose of determining any claim to qualification 
under this Schedule any entry in the land records or in any muni- 
cipal records shall be conclusive evidence of the facts stated therein. 

3. Where an estate or mahal, or a share of an estate or mahal, 
or land is held or where income-tax or local cesses are paid jointly 
by the members of a joint family, the family shall be adopted as 
the unit for deciding whether under this Schedule the requisite 
qualification exists ; and if it does exist, the manager of the family 
shall be qualified as an elector : 

Provided that, the entry on an electoral roll of a person in his 
capacity as the manager of a joint family shall not disqualify him 
as an elector in his individual capacity. 

4. For the purposes of this Schedule a person who occupies 
a house or building, other than a house or building in any military 
or police lines, or part of such a house or building by virtue of any 
office, service or employment shall, if the house or building is not 
inhabited by the person in whose service or employ he is, be deemed 
to occupy the house or building as a tenant. 



LEGISLATIVE COUNCIL 24l 

General Constituencies. Urban Constituencies 

A person shall be qualified as an elector of an urban constitu- 
ency or within two miles of the boundary thereof, and who 

(a) is, in the constituency, the owner or tenant of a house or 
building, or part of a houso or building, of which the annual rental 
value is riot less than Rs. 36 : provided that, where a house or 
building or part of a house or building is held by two or more persons 
in shares, no person shall ba qualified in respect of a share the 
annual rental value of which is less than Rs. 36 : or 

(b) in constituencies where the rental value of a house or build- 
ing is not the basis of municipal taxation, was in the previous year 
assessed to a municipal tax on an income of not less than Rs. 200 ; or 

(r) was in the previous year assessed to income-tax ; or 

(d) is a retired and pensioned officer (whether commissioned 
or non-coinmissioiKul) oi % His Majesty's regular forces ; or 

(e) has, in respect of land in the constituency, any of the qualifi- 
cations proscribed for an elector of a rural constituency : 

Provided that 

(t) no person other than a Muhammadari shall be qualified as 
an elector for a Muhammadan constituency ; and 

(ii) no Muhammadan shall be qualified as an elector for a non- 
Muhammadan constituency. 

6. A person shall be qualified as an elector for a rural consti- 
tuency who has a place of residence in the constituency and who 

(a) is, iii urban area in the constituency, the owner or tenant 
of a house or building, or part of a house or building, of which the 
annual rental value is not less than Rs. 36 or 

(b) was, in an urban area in the constituency where the rental 
value of a house or building is not the basis of municipal taxation, 
assessed in the previous year to a municipal tax on an income of not 
less than Rs. 200 ; or 

(c) is a Ifcmbardar of a mahal, or 

(d) is a proprietor or thekadar of an estate or mahal in the 
constituency, the land revenue or kamijjama of which is not less than 
Rs. 100 ; or 

(e) holds in the constituency, as a proprietor or thekadar in 
proprietory right, wr land or khudkasht, or is a malik-makbuza, 
rayat or tenant of agricultural land in the constituency, the assessed 
or asses&able revenue or rent of which is not less 

(t) in the case of land in the Raipur, Bilaspur, Drug, Chanda 
and Betul Districts, than Rs. 30, or 

(ii) in the case of land in the Bhandara, Balaghat, Nimar, 
Chhindwara and Seoni Districts, than Rs. 40, or 

(Hi) in the case of land in any other District, than Rs. 50, or 
31 



242 RULES FOR THE C, P. 

(/) was in the previous year assessed to in-come tax, or 
(g) is a retired and pensioned officer (whether commissioned or 
non-commissioned) of His Majesty's regular forces : 
Provided that 

(i) no person other than a Muhammadan shall be qualified as 
an elector for a Muhammadan constituency ; and 

(ii) no Muhammadan shall be qualified as an elector for a non- 
Muhammad an constituency. 

Explanation : For the purpose of clause (e) " tenant" shall not 
include a sub-tenant or ordinary tenant of bir land. 

Special Constituencies. Landholders constituencies. 

7. A person shall be qualified as an elector for a Landholders' 
constituency who has a place of residence in the constituency and holds 
in the constituency agricultural land in proprietary right and who 

(<*) is the holder of a hereditary title recognised by Govt. ; or 

(I)) is the owner of an estate as defined in section 2 (3) of the 
Central Provinces and Revenue Act, 1917 ; or 

(c) is liable to pay on the land which he liolds in proprietary 
right land-revenue or Kamil-jama not less than Ks. 3,000 per annum. 
The University constituency. 

8. A person shall be qualified as an elector for the Nagpur 
University constituency who is 

(a) a graduate of seven years' standing of the Nagpur University, 
or if he has graduated before the establishment of the Nagpur 
University and is resident in the Central Provinces, a graduate of 
seven years' standing of the Allahabad University, or 

(I) a Fellow or Honorary Fellow of the Nagpur University, or, if 
he was appointed a Fellow of the Allahabad University before the 
constitution of the Nagpur University and is resident in the Central 
Provinces, Fellow or Honorary Fellow of the Allahabad University. 

9. A person shall be qualified as an elector for the Central 
Provinces and Berar Mining Association constituency who is a 
member of the Central Provinces and Borar Mining Association. 

The Commerce and Industry constituency. 

10. A person shall be qualified as an elector for the Central 
Provinces Commerce and Industry constituency who 

(a) is either the owner of a factory situated in the Central 
Provinces and which is subject to the provisions of the Indian 
Factories Act, 1911, or a person appointed by the owner of such a 
factory for the purpose of voting on his behalf ; or 

(b) has been appointed for the purpose of voting by any 
company having a place of business in the Central Provinces and 
having a paid-up capital of not loss than Rs, 25,000, 



Rules for the 

Assam Legislative Council 

Composition of Legislative Council. 

1. The Legislative Council of the Governor of Assam shall 
consist of 

1. two members of the Executive Council ex-officio ; 

2. thirty-nine elected members ; and 

3. twelve members nominated by the Governor, of whom 
(a) not more than seven may be officials, and 

(I) two shall be non-official persons nominated to represent 
respectively the following classes, namely 
(0 the labouring classes ; and 
(ii) the inhabitants of backward tracts, 
II and III as before. 
Special qualifications for election in case of certain constituencies. 

IV, A person shall not be eligible for election as a member of 
the Council to represent 

(a) the Shillong constituency or non-Muhammadan or Muham- 
madan rural constituency (which constituencies are hereinafter in 
these rules referred to as general constituencies), unless his name 
is registered on the electoral roll of the constituencies or of another 
general constituency ; or 

(b) a Planting, or Commerce and Industry constituency (which 
constituencies are hereinafter in these rules referred to as special 
constituencies), unless bis name is registered on the electoral roll of 
the constituency. 

SCHEDULE I, 

List of 



Name of Constituency. Class of Constituency. No. o! 

members. 

Shillong (General Urban 1 

Silchar Non-Muhammadan Rural 1 

Hailakandi do 1 

Sylhet Sadr do 1 

Sunarrganj do 1 

Habiganj (North) do 1 

Habiganj (South) rl ' 

South Sylhet do 1 



244 liULES FOR THE ASSAM 

Name of Constituency, Class of Constituency. No of 

members. 

Karimganj Non-Muhammadan Rural 1 

Dhubri do 1 

Goal par a do 1 

Gauhuti do 1 

Bnrpeta do 

To/pur do 

Mangaldui do 

Now^onj! do 

Sibsagar do 

Jorhat do 

Golaghat do 

Dibrugarli do 

North Lakhimpur do 

Oachar Muhammadan Rural 

Sylhd, Sadr (North) do 

Sylhct Sadr (South) do 

Suuamganj do 

Habiganj (North) do 

Habiganj (South) do 

Soutli Sylhet d(> 

Curimpanj do 

Dhubii do 

Goalpam cum South Salmava do 

Kamrup and Darrang cum Nowgong do 

Sibt>agar cum Lakhimpur do 

Assam Valloy Planting 

Surmn Valley do 

( 1 ommcrce and Industry Commerce and Industry 



SCHEDULE II 

Qualification of Electors 
Definitions. 

1, in Uiis Schedule 

(a) "estate" means an estate as defined in section 2 of the 
Assam Labour and Emigration Act, 1901. 

(I) ''manager" in relation to a tea estate includes an assistant 
manager in separate charge thereof ; 

(c) "previous year" means the financial year preceding that in 
which the electoral roll for the time being under preparation is first 
published under those rules. 

General Constituencies. Shillong urban constituency. 

2. A person shall be qualified as an elector for the Shillong 
constituency who has during the previous year resided within the 
constituency and who 



LEGISLATIVE COUNCIL 245 

(a) was in the previous year assessed in respect of municipal 
or cantonment rates or taxes to an aggregate amount of not less 
than Rs. 3 ; or 

(I) was in the previous year assessed to income-tax ; or 
(c) is a retired and pensioned officer (whether commissioned 
or non-commissioned) of His Majesty's regular forces or of the 
Assam Rifles. 

3. A person shall be qualified as an elector for a rural cons- 
tituency who has during the previous year resided within the cons- 
tituency and who 

(a) was in the previous year assessed in respect of municipal 
or cantonment rates or taxes to an aggregate amount of not less 
than Rs. 3, or, in the case of an assessment in the Nowgong Muni- 
cipality, of not less than Rs. 2, or in tho case of an assessment in 
the Sylhet Municipality of not less than Rs. 1-8-0 ; or 

(1) was in the previous year assessed to a tax of not loss than 
Re. 1 in a union under Chapter III of the Bengal Municipal Act, 
1876 ; or 

(c) in the case of constituencies in the Sylhet, Cachar and 
Goalpara District was in the previous year assessed to a chaukidari 
tax of not less than Re. 1 under the Village-Chaukidari Act, 
1870; or 

(d) in the case of any constituency other than those referred to 
in clause (c) 

(t) owned land, the[land revenue upon which has been assessed 
or is assessable at not less than Re. 1 per annum ; or 

(ii) is liable to pay a local rate of not less than Re. 1 per 
annum ; or 

(e) was in the previous year assessed to income-tax ; or 

(/) is a retired and pensioned officer (whether commissioned 
or non-commissioned) of His Majesty's regular forces or of the 
Assam Rifles : 

Provided that 

(t) no person other than a Muhammadan shall be qualified as 
an elector for a Muhammadan constituency, and 

(ii) no Muhammadan shall be qualified as an elector for a non- 
Muhammadan constituency. 

Joint families. 

4. Where property is held or payments are made jointly by 
the members of a joint family, the family shall be adopted as the 
unit for deciding whether under this Schedule the requisite qualifica- 
tion exists : and, if it does exist, the person qualified shall be, 



246 KttLES FOK THE 

in the case of a Hindu joint family, the manager thereof and in other 

cases the member authorised in that behalf by the family concerned. 

Special Constituencies. Planting constituencies. 

5. A person shall be qualified as an elector for the Assam 
Valley Planting constituency who is the Superintendent or manager 
of a tea estate in the As^am Valley, and a person shall be qualified 
as an elector in the Surma Valley Planting constituency who is the 
superintendent or manager of a tea estate in the Surma Valley. 

Commerce and Industry constituencies . 

6. A person shall be qualified as an elector for the Commerce 
and Industry constituency who 

(a) is the owner of a factory, other than a tea factory, situated 
in Assam and which is subject to tho provisions of the Indian 
Factories Act, 1911, or is a person appointed by the owner of such 
a factory for the purpose of >oting on his behalf ; or 

(b) has boon appointed for the purpose of voting by any com- 
pany, other than a company principally engaged in the tea industry, 
having a place of business in Assam and having a paid-up capital of 
not less than Rs, 25,000, 



Imperial Bank of India 

Despatch of the Govt of India to the Sec. of State 



2(>th. June 1919. (Published in India on February 10th. 1920) 

We have the honour to place before you a proposal for the 
amalgamation of the three Presidency Banks of Bengal, Bombay, and 
Madras. Wo were originally approached informally in this matter 
by the Secretaries of the three Banks, and you have already 
cordially approved tho idea of amalgamation contemplating aa it 
did such increase of capital as may be necessary, a scheme for 
increasing the number of banks and improvements in the future 
management of the rupee debt in India. You have also informed us 
thur, in order to assist tho movement, you would agree to the trans- 
fer to the amalgamated bank, under such safeguards as we may see 
fit to recommend, of the balances now held in the reserve treasuries 
in India. Subsequently, you agreed in principle that the amalga- 
mated bank shall bo allowed to open an office in London, but 
reserved, until you received the detailed scheme, your decision as 
to the restriction to bo imposed on the business to bo conducted by 
the B^nk in London. We havo since received from the Directors 
of tho three B*nks a joint Memorandum (enclosure 1) embodying 
tho scheme which, with your approval, they propose to lay before 
their share-holders, The details of the scheme have been informally 
discussed in conversations between our Finance Department and the 
representatives of tho three Banks with the purpose of ascertaining 
precisely what the Banks propose and in particular what they expect 
from the Government. We have now examined the draft scheme, 
and it has our general approval. Tho Memorandum is, to a large 
extent, self-explanatory, and wo need not, therefore, recapitulate 
its item, but proceeded to express our views upon some of its more 
important aspects in so far as these affect the interests of ourselves 
and of the general public. 

Before doing so, however, we consider it important to emphasise 
that the present movement is purely spontaneous, that it is the 
natural growth of banking evolution, and that, though it would be 
unwise to attempt to foresee the process, what is now happening will 
be a more valuable foundation for any later movement which may 
eventuate in the direction of a State Bank. You will observe that 
a large part of the proposals which have been placed before us 



248 IMPERIAL BANK OF INDIA [SIMI A 

represents merely a measure of consolidation, which is merely the 
domestic concern of the three Presidency Banks, As pointed out 
in paragraph 2 of the Directors' Memorandum, the interest of the 
Banks themselves render it highly desirable, if not imperative, to 
effect some sort of consolidation and to make a supreme effort to 
overcome the obstacle of local interests and to avoid the inter- 
provincial jealousies and mutual suspicions which had a large share 
in wrecking previous attempts at amalgamation to a scheme of that 
character, conceived, as is the present, in a spirit of mutual co-opera- 
tion and forbearance, There could, we imagine, be no possible 
objection on the part of the Slate unless it could be shown, which, 
in this instance, is clearly not the case, that it was in some way 
detrimental to National interests. If then the Banks' proposals 
were limited to more consolidation of interests and a pooling of 
resources, wo should, while welcoming the uniHcation and strength- 
ening of these important public institutions and the consequent 
simplification of our own relations with them, find it necessary to 
say little in support of the scheme. It is because the present 
purposes go considerably further than a mere banking amalgamation 
and contain the germ of large developments which, as we believe, 
can not fail to result in much benefit to this country, that we attach 
to them the highest importance and make no apology for examining 
at some length their bearing upon certain current problems. 

The main direction in which we look for National gain for 
commending them to you strongly lies in the promise they hold of 
helping appreciably to further the development of banking in India. 
As you are*, doubtless, aware, public opinion in this country is rapidly 
growing more articulate as to the necessity for a wide-spread 
increase in banking facilities, if India's industrial development is 
not to be hampered and if the people are to be weaned from their 
present predilection for holding their savings in the form of hoarded 
cash or bullion. The subject has been ventilated on more than one 
occasion recently in our Legislative Council. It was brought 
prominently to the notice of the recent Industries Commission by 
many witnesses, and our currency difficulties of the last few years 
have forced it moie and more upon our attention while the 
success of the propaganda associated with the two War Loans has 
thrown an instructive light upon the amount of money in- this 
country which is at present diverted into fruitful employment, but it 
would not, we think, be altogether correct to ascribe this state of 
affairs solely to the ingrained habits of the people, their ignorance, 
their conservatism and their suspicion, which can only be removed 
by the process of education. That the spread of education will 
work a steady and substantial change in the mental attitude of the 



JUNE, 1919] GOVT. OF INDIA DESPATCH 249 

people on this matter we have no doubt, but it is useless to educate 
people into a willingness to follow civilised habits as regards keeping 
a hand in banking facilities. For them to do so, progress in these 
two respects must go hand in hand, Even, however, in the present 
stage of educational development, there is undoubted room for a 
much larger supply of banking facilities as witnessed by the 
temporary success of certain banks in the richer agricultural districts 
of Northern India, unsound ness of which, followed by their failure 
in 1913, had an unfortunate effect in retarding in tho.se parts of 
the country the development of the banking habit. 

It is true that during the past two decades there has boon, on 
the whole, a larire increase in the number of banks operating in India 
and in the volume of their deposits, and them Ims similarly boon 
very large and steady growth in the amount of cheques passed 
through the Clearing Houses at Calcutta, Bombay, Madras, Karachi 
and Rangoon. It would, however, be incorrect to infer that an 
increase in banking deposits or in the number of cheques drawn on 
banks indicates anything like a corresponding increase in banking 
habits or indeed very much more than that the volume and turn-over 
of money in the principal money markets have enormously increased 
in bank deposits and in the amount of cheques cleared has accrued 
at the principal seaports, and taking India as a whole, we think that 
no competent observer would deny that banking development in 
India is far behind the country's necessities. 

In our opinion an indispensable preliminary to any widespread 
growth in banking is the establishment of a strong, unified bank in 
intimate relations with Government and with a large number of 
branches throughout the country. At the present time there are 
more than 200 districts in India and Burma in which there is no 
branch of the Presidency Bank and only in a very few of these is 
there a branch of a joint stock bank of any importance (such as the 
Alliance Bank of Simla and of the Allahabad Bank) doing banking 
business on modern lines. Wo doubt, if in the present constitution 
in which there are three separate banks working independently, 
any further substantial increase in the number of branches is to be 
looked for owing mainly to the considerations of territorial limits 
and of profit and loss. The Presidency Banks have now undertaken 
as part of the present amalgamation scheme to establish 100 new 
branches within 5 years, and we have every reason to hope that the 
progreseive policy thus initiated will be continued until at least in 
every district and eventually in every town ol importance a branch 
of the Imperial Bank is established, We do not claim that the 
wide-spread extension of branches will work a sudden miracle or 
will immediately prove itself the long sought talisman to charm 

32 



250 IMPElilAL HANK OF INDIA [SIMLA 

tho wealth of India from its hoards. We do not look for rapid or 
dramatic results, but a beginning must bo made, ai.d we think that 
more appearance in a district of a bank which conducts Government's 
treasury and public business, as to whoso stability there can bo no 
question and trom which local traders and dealers in produce can 
obtain advances on reasonable terms, must, in due course, inevitably 
have an appreciable effect upon the local mental attitude towards 
banking in general, and in the course of time we shall expect to 
see the new branches of the Imperial Bank attract a largo amount 
ot deposit front tho general public in snob localities. 

There are, moreover, other results which may reasonably bo 
looked ior irom ih'j largo increase in the number ot branches now 
contemplated. In those places in which they are already established, 
tho Presidency Banks usually act us bankers of the other local banks. 
They Ivoup most of the hitter's cash, and it is to the Presidency 
Hunk that a local bank turns when if is in difficulties or when in a 
period of tight money it desires to pledge Government or other 
gilt rdg.Ml securities, Tho position of the Presidency Bank, as 
bankers, h-is noticeably grown during the recent years, and on many 
occasions liavo the Presidency Banks rendered valuable assistance in 
quelling an incipient panic or in coining to the relief of a local bank 
which, through no fault of its own, was in temporary difficulties. 
It cannot, wo think, be expected that tho number of banks in up- 
country districts ran ]>'. largely increased or can be placed on a 
satisfactory looting unless there is at. their door a powerful bank to 
which a .sound institution can turn in tin.o of trouble and to which 
it- can look fur guidance in i(s general financial policy. Many of 
such banks would, oi course, ongago in business from which a Presi- 
dency B ink or its successor must necessarily be debarred, but it is, 
wo think, of great importance that they should ha\o behind them 
an institution on wlnVh th<-y can rely for assistance ami which \\ill 
form the solid background necessary for the healthy development 
of the various iorms oi banking, ,-jgricultural, industrial and ordinary 
joint &took, oi which this country is admittedly in need. For such 
development, moreover, an equal necessity is a sufficient supply of 
men trained in modern methods of book keeping, Tho mere starling 
of a largo number of new branches of the amalgamated bank will 
neee.s^arily involve training, tho employment of Indian agency to 
a very much greater extent than at the present time, and a demand 
for and training of aich men by the Imperial Bank should have a 
variable influence in stimulating their supply for other banking 
institutes, just as the requirements of our Public Works Department 
have undoubtedly stimulated the growth of the engineering profes- 
sion in India, A further and almost eauallv imuortant result, which 



JUNE, 1919J GOVT. OF INDIA DESPATCH 2M 

we anticipate will follow from the establishment of the, now ttauk 
and from the multiplication of its branches, is a substantial increase 
in the assistance given by it to tho internal trade of tho country 
through its relations with tho indigenous banking system. Tho 
extent to which the Presidency Banks already help to finance tho 
internal trade of India by (heir purchases and rediscount! !; of 
internal bills of exchange known generally an hnndis at thrir Head- 
olficos and branches, is not perhaps always realised. The shroil\ 
mahajans, chettis and others, who, either directly or by (heir rela- 
tions with smaller "bankers'' of tho same kind, largely finance (ho 
movement of produce and of important articles of commerce such 
as pic'-e-j-onds in tho up-country markets, rely to a very groat extent 
upon assistance from the Presidency Hanks, when in a season of 
active trade, their own capital is fully employed on some- OIVMM'OMS, 
for example, when tho amount of hundis held by the I>aiks of 
Bengal and Bombay has exceeded a third of their total ad\aiiu< s, 
and during tho busy season the proportion is really less than a 
quarter. The connection of tho Presidency Banks with up-country 
trade is thus vory close and intimate. By tho rates which they 
charge on tho discount of hundis and by their willingness- or refusal 
to extend thoir commitments in that direction, Ovy profoundly 
influence the provision of credit and money rates in tho up country 
bazaars. It is Hear that by r.atifk-alion of its operations through a 
largely increased number of branches and by its ability to 
employ more funds in tho discount ot hundis and similar bills, 
tho amalgamated bank will be able to irrigate the channels of 
internal trade to a substantially larger extent than is ,'it> present 
possible. 

And again, the mere fact of amalgamation will at on<v, Meililate 
tho improvement of tho administration of the public debt, to which 
wo attach great importance and have rocoutly giv. v n nuu-.h :iUention 
and in which tho bmks have exprossod thoir niadino.ss, aftor 
amalgamation, to give us their full co-operation. Th las\ i\v;irding 
Government securit-ios in India and tho rules and procedure relating 
thereto, which aro 1 irgely tho rosult of the present law and f.h'* 
system under which the public debt accounts aro maintained, \voro 
framed at a timo whon tho holders of our securities consisted nuinly 
of substantial people in tho principal cities and towns, and when 
tho tenders to our annual loans were confined chiotly to a few banks 
and financial houses. Even before the War ifc was manifest that 
our public debt system required a radical overhauling. The 
experience gained during the unexpectedly successful operations 
of the two Indian War Loans has now shown that reforms in this 
direction arc imperative if we arc to retain touch with the 



enormously increased number of holders of our securities scattered 
throughout India and are not to alienate the small investor by 
procedure and rules which, though tolerable perhaps to the business 
people and large investors, are unsuitable and irritating to the 
semi-educated holders of a hundred ruppee bond in an up-country 
district. Wo hope in the near future to be in a position to lay before 
you our proposals for the recasting of the present Indian Securities 
Act and of the procedure and rules based thereon. Meanwhile, 
it is clear that such reforms must be accompanied by an improve- 
ment in the administration of the Public Debt Offices, and as wo 
shall show, will be grcaly facilitated by the amalgamation of the 
three Presidency Banks under the arrangements as laid down 
in the main and subsidiary agreements with the maintenance of the 
Public Debt books and accounts, including those relating tp 
securities, tho interest whereof is payable in the Bombay and Madras 
Presidencies centralised in the Public Debt Office at Calcutta, tho 
work done by tho Public Debt Offices at Bombay and Madras 
being very much moro restricted in character and practically 
confined to the payment at tho presidency town itself. Tho 
subsidiary agreements contain, in fact, a provision that the Bank 
of Bombay and Madras shall not supervise or audit any such 
transactions occurring at tho District Treasuries and their 
Presidencies. Again, as regards tho renewal of securities, which 
in this country, owing to the form of security in which tho Public 
Debt is largely hold, constitutes an important part of the current 
work. The work of those two Public Debt Offices is in practice 
con lined to tho renewal of clean paper owing principally to the fact 
that, under the subsidiary agreements two-thirds of the renewal 
foes go to Mio Bank of Bengal, even though tho renewing office 
may incur tho responsibility. Without going into further details 
it is sufficient to say that, as a result of tho present system, every 
piece of script is borne on the registers of the Calcutta Office and 
practically ON cry transaction relating thereto has to como to that 
oilico for audit account or soino other purpose. This excessive 
centralisation resulted in something approaching a break-down at 
tho Calcutta OHico during tho isyuo of tho 1917 War Loan, and it- 
was largely for this reason that in tho following year wo introduced 
tho system of issung script to the applicants over tho coiflitcr at 
certain Government Offices and at the Head Offices and Branches 
of the Presidency Banks. Kvon with this relief, however, tho 
work at tho Calcutta Office has remained very congested, and with 
tho growth of tho public, dobt tho position grows steadily worso. 
From tho point of view of tho general public also it is undoubtedly 
inconvenient and tiresome, whenever they have occasion to renew 



JUNE, 1919] GOVT. OF INDIA DESPATCH 253 

their securities, or when any question arises regarding tkcm, to have 
to deal with a district office. 

So long as tho thioo Public Debt Offices are managed by 
separate institutions, any radical decentralisation of the public 
debt administration is difficult, if not impossible. Once however, 
the amalgamation has taken place and pecuniary considerations 
between the three banks have been eliminated and wo have to deal 
with a singly managed institution, a considerable measure of 
decentralisation will become possible. As soon as tho necessary 
arrangements can be made for tho staff and accommodation at 
Bombay and Madras, wo contemplate tho gradual splitting up 
of tho accounts and the registers relating to our various loans 
and distributing them between the throe Presidency Public Dobt 
OfHces which will then conduct all businesses connected with tho 
securities hold in thoir respective territories. This measure will, we 
hope, represent only the first step in tho direction of decentralisa- 
tion. Tho changes in tho law which you have now under your 
consideration will enable a good doal of the work connected with 
small holdings of securities to bo conducted in the districts in which 
they are hold, and in course of time, as the new Bank establishes 
in ovory district, it should bo possible for tho majority of up-country 
holders to put through at their district head-quarters all business 
connoctod with their securities. 

Abolition of the Reserve Treasuries. 

Another very important feature of those proposals, which is 
beyond a mere amalgamation of the throo Banks, but which, in our 
opinion, is not feasible without it, is tho abolition of the reserve 
treasuries. You have already agreed to this proposal, subject to 
such safeguards as wo may recommend. In view of the fact that the 
now Bank will bo entrusted with the greater part and eventually, 
when branches aro established in every district headquarters, with 
the whole of our Indian balances, tho extent to which Government 
might' justifiably loavo thoir funds with tho Presidency Banks, there- 
by releasing money fur the use of trade, is a question which has been 
vigorously canvassed from tirno to time, particularly sinco the 
establishment of the Reserve Treasuries in 1876. We do not think 
it necessary to encumber tho present reference by an examination of 
tho arguments put forward on one side or tho other in previous 
controversies and discussions. The proposal has been accepted by 
you in principle, and moreover, events have moved with such 
rapidity in recent years and tho pressure of war conditions of the 
problem have fundamentally changed the banks and ourselves to 
realise bo clearly the practical benefit of a common policy amounting 



254 IMPERIAL BANK OF INDIA [SIMLA 

almost to a pooling and tho issues as previously drawn have become 
obsolete. A consideration of the safeguards which should bo taken 
from tho now Banks is, however, so closely connected with the wholo 
question of our future relations with it, that we think it desirable 
to refer briefly to certain observations which were made regarding 
this matter by certain high authorities at about tho time that tho 
schemo for a Central Bank was under discussion (1899-1901), as 
those observations may fairly bo taken as indicative of the official 
attitude towards this question both then until fairly recently. 

In the course of a speech in tho Legislative Council on tho 1st 
September, 1899, when introducing a Bill to relax slightly tho 
restrictions imposed on tho business of the Presidency Banks, tho 
finance member, Sir Chinton Dowkins said : "The Presidency 
Banks depend to a quite exceptional degree for their cash balances on 
the Government account. As Sir J. Westland showed in tho busy 
season, nearly 80 to 90 per cent of those balances are supplied from 
the Government, a fact, which added to tho fluctuations in tho rate 
of discount, may make us ask seriously how far the Presidency Banks 
have sufficient capital to allow of tho absorption of tho resources in 
their command in enterprises, tho securities of which might not be 
easily realisable. Again, tho circumstances of India are peculiar. In 
England, if the Government were suddenly in need of money and tho 
Bank of England had locked up the Government balances, it would 
not bo of serious consequence. Money could be procured from 
a dozen other different quarters. In India this would not bo possible 
and indeed we have a historic example in tho embarrassment which 
the inability or reluctance of the Banks to produce the money 
deposited with them brought upon Government whon confronted 
with tho sudden emergency of tho Orissa famine," and on the samo 
occasion Lord Curzon said : "Tho Presidency Banks aro not like the 
ordinary banks. No relaxations of restrictions, oven if such were 
possible in an extreme degree, could make thorn so. They differ 
because the bulk of thoir cash balances or what I suppose I may 
call thoir loanable capital is supplied by Government and because if 
wo subtract this at any given moment, they aro not as a rule in posses- 
sion of sufficient independent capital to enable them to conduct 
operations on a largo scale, Tho Government, therefore, is under a 
peculiar responsibility for these Banks, and wo aro bound to enforce 
special regulations for tho protection and tho security of tho balances 
which we ourselves have provided." T ho accuracy of the above 
observations so far as they related to tho dependence of tho Presi- 
dency Banks upon tho Government funds, was at once challenged 
by the Banks, and we have thought it desirable to examine with 
reference to the present question of safeguards not only the extent 



JUNE 1919] GOFT. OF INDIA DESPATCH 255 

to which the Banks are in the present conditions dependent jn 
Government deposits, but also the extent to which their resources 
will be augmented and their responsibilities to us increased when 
they are entrusted with the whole of our Indian balance. 

The enclosed statement (enclosure 2) gives the average percen- 
tage of Government's deposits in the Presidency Banks to their capital 
and reserve, to their total working capital (i.e., capital reserve and 
deposits) and to their ca^h balances during the last seven quinquennia. 
It will bo seen that until the War the Presidency Banks were depen- 
dent to a steadily diminishing extent upon the Government funds 
left with them, but that during the War, as a result of the policy 
already referred to and regarding which more will be said hereafter, 
the precentagc of Government deposits to the working capital and 
to cash was higher than at any time during the previous fifteen years. 
Tho diminishing extent to which the Presidency Banks have 
during the past thirty years depended upon their use of Govern- 
ment, funds due to the great increase in their private deposits as 
shown by the figures in the statement (enclosure 3) giving the 
Dunks' capital, ivsorvo deposits, and cash balances as on the 31st 
jVTombor for a number of years. It will bo soon that the private 
deposits have grown from S and half croros in 1880 to 12 and three 
fourth croros in 1900, 32 and one-third croros in 1910 and 36 and 
half, 40, 38 and half, H and throe-fourth, 67 and three-fourth, and 
51 and half crores in the six years 1913 to 1918 respectively, and 
that the Government deposits have not increased in anything like 
the same degree. 

The proportion in which Government funds have boon placed 
with the Banks or retained in the reserve and other Treasuries 
is also relevant to the present question and can bo judged from 
the figures for the past eight years given in enclosure 4, the figures 
for each year being an average of the figures for the end of each 
month. It will bo seen that from 1914-15 onwards we .have loft 
a much higher proportion of our total cash balances with the Banks, 
the amount locked up in the reserve treasuries being corresponding- 
ly smaller. This policy was deliberately adopted during the war, 
as much as in our own interests as in those of the banks and of 
the money market in goner.il, an J was rendered possible by the 
intimate and friendly relations which have in recent years prevailed 
between the banks and ourselves. It would in any case have 
been necessary for us to stand behind the Presidency Banks 
in the event of a serious run on these institutions arising from 
fancies or war alarms to which the Indian market was peculiarly 
susceptible, and it was at the same time vital to us to take 
such steps as wore in our power to secure the money market against 



256 IMPERIAL BANK OF INDIA [SIMLA 

the strain to which our war finance must have exposed it. While this 
policy of entrusting the Presidency Banks with a much larger share 
of our funds was thus primarily enforced on us by the war conditions, 
its success have been one of the principal financial lessons of the War, 
and has convinced us of the desirability and safety of making it a 
"permanent feature of our relations with the banks. It has during 
the war kept the Indian money market in a state of comparative 
easo and has removed to a considerable extent the previous large 
seasoned fluctuation in the Bank rates during the year, it has there- 
by led to the fuither result, which was one of the main objects 
which we had in view, namely that we have been enabled to finance 
our own war expenditure as well as a very largo disbursements on 
account of the same by means ot treasury bills, supplemented by 
ways and means, advances from the Presidency Banks to an extent 
which previous to the war would have been regarded as inconceiva- 
ble. On 31st March, 1918, the amount of Treasury Bills outstanding 
was Forty three and half crores and on the same date in 1919 was 
Forty nine and one-fourth. 

In August, 1918, our advances from the Banks of Bengal and 
Bombay amounted to 17 crores. There can be no doubt, moreover, 
that the successes of the War Loans of 1917 and 1918 wore facilita- 
ted by the easo of the money markets due in a large measure to the 
fact that the large sums which our borrowing operations took off 
fiom those markets were not locked up in the reserve treasuries, but 
were kept with the Presidency Banks. 

The question naturally arises to what extent an amalgated 
bank bearing the responsibility of making Government funds avail- 
able whenever required could have made use of the reserve treasury 
funds for ordinary banking purposes. The following figures show 
that the average amounts retained in that reserve treasuries during 
the busy seasons (November to April inclusive) of the past eight 
years was: 1911-12 lakhs 403, 1912-13 lakhs 1024. 1913-14 lakhs 
708, 1914-15 lakhs 338, 191546 lakhs 375, 1917-18 lakhs 308, 
1918-19 lakhs 190. It will be seen that during the busy seasons of 
1912-13 and 1913-14 large sums were retained in the Reserve 
Treasuries, and it can scarcely be said that they were likely to be 
needed in the near future ior Government requirements. As 
regards more recent years, however, it is clear that the amount 
of extra resources made available would have been comparatively 
small. On several occasions during 1918-1919 there were treasury 
balances in fact under a crore. Now in the present conditions it 
would be difficult if not impracticable to empty the Reserve 
Treasuries completely, one reason being that it is always 
necessary to retain a certain balance to meet the currency trans- 



JUNE 1919] GOVT. OF INDIA DESPATCH 257 

fers granted to the public which involves a payment from 
the Reserve Treasury into Currency at the issuing centre. So long 
as the Banks at the issuing and paying centres are separate institu- 
tions, the Reserve Treasuries are practically a necessity with an 
amalgamated bank. However, this would not be necessary as, 
although the notes would have to be paid into currency by the 
Bank at, say, Bombay, the currency would pay notes into the 
Bank at Calcutta, so that the Bank's total cash balance would on 
the whole be unaffected. On the whole, it is probably safe to say 
that the abolition of the Reserve Treasuries would in normal times 
result in an appreciable accretion to tho Bank's resources. 

It by no means follows, however, that an amalgamated bank 
entrusted with the custody of Government funds would be able to 
use tho whole of these freely for ordinary banking purposes. As 
regards the funds kept in those district treasuries where there is 
at present no branch of the bank, it is now tho practice to limit 
these to the minima necessary to provide for near disbursements, 
arid the new Bank would riot be able to count on any substantial 
usable surplus therefrom, and as regards the Reserve Treasuries 
themselves the demands on these are apt to be sudden and large, 
and although they will doubtless be necessary to make at short 
notice payment into currency on account of some corresponding 
adjustments elsewhere, such as a withdrawal from tho currency 
reserve in London, at the present time the Reserve Treasuries act as a 
valuable buffer between sudden and unforeseen Government demands 
and the Presidency Banks Each balances the other and although no 
doubt the former ultimately react on the latter, it is frequently 
tho roservo Treasuries that receive the first shock. In one of the 
memoranda presented by Sir Lionel Abrahams to the Chamberlain 
Commission it was assumed that for Government purposes an emer- 
gency reserve of one and half orores would have to be maintained. 
Experience can alone show how much of their resources the banks 
must keep in the form of additional cash if the reserve Treasuries 
bo abolished. During the War the Controller of Currency has 
frequently been obliged to run things very fine in order not to 
withdraw cash from the Presidency Banks at a time when it would 
have been undesirable to tighten the money markets. There seems 
little doubt that with no Reserve Treasuries the bank will have to 
keep a somewhat higher proportion of cash to the liabilities than 
would otherwise be the case although this consideration will in 
practice be to some extent counter-balanced by the pooling and 
consequent economy of the resources of the four parties. 

The foregoing examination of this portion of the amalgamation 
scheme will have given some idea of the extent to which the new 

33 



258 IMPERIAL BANK OF INDIA [SIMLA 

Bank will bear a large aggregate responsibility in the matter of the 
cuitody of public funds than is the case with the Presidency banks 
as at present constituted. It remains to consider what further 
safe-guards is it necessary to take from the new Bank, over and 
above those which are contained in the present Act, the general 
character of which we do not propose to change. It has been 
shown that during the last few years, if the Reserve Treasuries had 
not been in existence, the amount of extra funds lying with the 
Banks would have been comparatively small owing to the fact that 
money was deliberately not allowed to accumulate in the Reserve 
Treasuries. Wo feel, however, that tho circumstances of the last 
few years have been exceptional. They were years of war when 
it was of vital importance to keep the money markets as easy as 
possible in order to facilitate the financing of our war disbursements 
when it would have been justifiable to take som risk, should a 
risk have been thought likely to follow therefrom, and when, more- 
over, there was undoubtedly a general feeling on the part of the 
Directors and executive authorities of the Banks that in war time 
patriotism demanded their working hand in hand with Government 
to tho greatest possible extent. We wore thus enabled to keep 
intimate touch with tho general policy which was being adopted by 
tho banks and to assure ourselves that tho exceptionally large 
balances which wo wore keeping with them wero being used in the 
best interests of the country. With inevitable changes in the 
personnel a continuance of this personal touch cannot bo gurantecd, 
Furthermore with tho definite abolition of the Reserve Treasuries, 
wo shall lose the inherent power which wo at present possess of 
withdrawing our deposits from the Banks in excess of the guaran- 
teed minimum at any time, which power has placed us in a 
very strong position to exercise an informal influence ovor their 
general policy. We are of opinion, therefore, that it is desir- 
able for us to have a representative, who would naturally be 
the Controller of Currency, upon the Governing Body of the 
Bank whose function and duty it would bo to keep us in 
touch with all important developments in the Bank's general 
policy, and who would possess the statutory power (which we 
anticipate would rarely if ever require to be exercised) of holding 
up action on any matter of high importance as affecting the interest 
of Government or tho safety of its balances pending our orders 
thereon. We should ordinarily be averse to a Government official 
being concerned in any way in ordinary banking transactions, and 
we have no desire to repeat the former experiment when Govern- 
ment Directors were attached to tho Boards of the Presidency Banks. 
The functions of the Central Board as defined in paragraph 4 to 6 



JUNE, 1919] OOV1. OF INDIA DESPATCH 

of the Directors' memorandum will, however, be of such a general 
nature as to obviate that objection. In the case of an ordinary 
private institution official representation on the managing body 
might well bo regarded as of very doubtful expediency, owing to the 
fact that in the eyes of the public there would be laid on Govern- 
ment, rightly or wrongly, the moral responsibility for its stability 
and good working, but in the case of the proposed Imperial Bank 
that responsibility cannot in practice possibly bo evaded. The mere 
fact that it will be entrusted with the whole of our funds will make 
its stability a mat! or for tho State of tho gravest concern and we 
do not son what useful purpose will be served by any attempt to 
obtain .security by less direct methods or to avoid a frank recogni- 
tion of the interests involved. We understand -that tho banks 
themselves are of opinion that the presence of an experienced finan- 
cial officer of Government on tho Central Board will conduce to 
smooth working and will moreover be of considerable assistance 
to the bank by ensuring that the latter shall be kept fully and 
rapidly informed of Government requirements in the matter of 
funds and of tho way in which Government's financial policy will 
react upon its own. 

Branch Office in London. 

Wo now turn to tho question of tho establishment of an office of 
tho now bank in London, tho proposals regarding which are sot forth 
in paragraphs 8 and 9 of tho bank's memorandum and which is a 
feature of 'the schome to which they attach very great importance. 
Wo have already pointed out that the proposed amalgamation 
is a measure of consolidation which is not inconsistent with and 
would indeed be a necessary preparation for further development ; 
it servos no useful purpose therefore to consider whether any 
particular feature of tho amalgamation is or is not absolutely essential 
at th-3 pro33tit stage ; if tho feature in question is not open to 
active objection and if the Banks attach importance to it, there 
soems no reason for making difficulties about it. This wo consider 
is tho situation is regards the London office. It is common knov, 
ledge that the Banks have long desired access to London and have 
consistently boon refused it. The grounds set forth in the memoran- 
dum for ronewing the proposal have been largely strengthened by the 
prospect of amalgamation, and in our opinion so far at any rate as they 
relate to the business described in paragraph 8 they are irresistible. 
We feel confident that you will agree that in the case of a national 
institution liko tho Imperial Bank of India the denial of a London 
Office which would bo represented as dictated by excessive care for 
the interests of non-Indian concerns cannot be contemplated, 



260 IMPERIAL BANK OF INDIA [SIMLA 

Bullion Business. 

We do not think that any comments from us are needed 
as regards the items of business mentioned in paragraph 8 of the 
memorandum other than those dealt with in clauses (7) and (9). 
As regards the bullion business mentioned in clause (7) we are satis- 
fied that the Banks have no desire to engage in such business as an 
exchange operation or in any way inconsistent with our general 
exchange and currency policy. What they have in mind is the buy- 
ing and selling of bullion in normal times for consumption in the 
Indian bazars which, until the War, formed an important part of 
India's foreign trade. The business would be under your control 
and, subject as it would be to the important qualifications mentioned 
in the memorandum, wo can see no possible reason why the new 
bank should not be allowed to undertake it. 

Competition with Exchange Banks. 

As regards clause (9) of paragraph 8 of the memorandum, it 
will be seen that the banks are willing to confine their exchange 
operations (other than those for their own constituents which are 
already permitted) to the rediscounting of Bill of Exchange, that is, 
in practice to dealings with the Exchange Banks alone and would, 
therefore, not compete with the latter in their ordinary business 
with tho public. The Presidency Banks have, in the past, strongly 
rosontod their exclusion from competition with the ordinary ex- 
change banks, and much might be said in favour of the view that 
such exclusion is not justified. We think, nevertheless, that on 
Uio whole the banks are wise in their decision to abstain from 
making any request to this offset in view of the vested interests 
which t-hoy would antagonise and of the fact that they are in India 
tho Bankers of tho Exchange Banks themselves who could not 
l)o expected to continue to remain their funds with and to disclose 
Mioir position to a competition as restricted in tho clause in question. 
Tbo power to do this business would afford one means for the Bank 
to move its funds between India and London. Wo think, moreover, 
that in this respect tho Bank would probably perform a useful func- 
tion and might al times bo of material assistance to tho Exchange 
Banks in relieving thorn oithor in London or in India of surplus 
Bills which thoy might find it convenient to dispose of. 

Disposal of Surplus Balance. 

Tho further developments touched on in paragraph 9 of I he 
memorandum deal with matters of more importance to yourself 
and ourselves. As regards the disposal of your surplus balances, \vc 
think that the new bank would be content to be given the same 



919] GOVT. OF INDIA DESPATCH 261 

We do not think that any comments from us are needed 
as regards the items of business mentioned in paragraph 8 of the 
memorandum other than those dealt with in clauses (7) and (9). 
As regards the bullion business mentioned in clause (7) we are satis- 
fied that the Banks have no desire to engage in such business as an 
exchange operation or in any way inconsistent with our general 
exchange and currency policy. What they have in mind is the buy- 
ing and selling of bullion in normal times for consumption in the 
Indian bazars which, until the War, formed an important part of 
India's foreign trade. The business would be under your control 
and, subject as it would be to the important qualifications mentioned 
in the memorandum, wo can see no possible reason why the new 
bank should not be allowed to undertake it. 

Competition with Exchange Banks. 

As regards clause (9) of paragraph 8 of the memorandum, it 
will be seen that the banks are willing to confine their exchange 
operations (other than those for their own constituents which are 
already permitted) to the rediscounting of Bill of Exchange, that is, 
in practice to dealings with the Exchange Banks alone and would, 
therefore, not compete with the latter in their ordinary business 
with tho public. The Presidency Banks have, in the past, strongly 
rosontod their exclusion from competition with the ordinary ex- 
change banks, and much might be said in favour of the view that 
such exclusion is not justified. We think, nevertheless, that on 
tho whole the banks are wise in their decision to abstain from 
making any request to this effect in view of the vested interests 
which they would antagonise and of the fact that they are in India 
tho Bankers of tho Exchange Banks themselves who could not 
l)o expected to continue to remain their funds with and to disclose 
Mioir position to a competition as restricted in tho clause in question. 
Tbo powor to do this business would afford one means for the Bank 
to move its funds between India and London. Wo think, moreover, 
that in this respect, tho Bank would probably perform a useful func- 
tion and might al times bo of material assistance to tho Exchange 
Banks in relieving them either in London or in India of surplus 
Bills which they might find it convenient to dispose of. 
Disposal of Surplus Balance. 

Tho further developments touched on in paragraph 9 of t he 
memorandum deal with matters of more importance to yourself 
and ourselves. As regards the disposal of your surplus balances, wo 
think that the new bank would be content to be given the same 



262 IMPERIAL P>ANK OF INDIA [SIMI A 

tion in the selection of the mercantile bills against which new notes 
will be issued and on the maturity of which thoy will be retired. 

Financial Adjustments. 

Wo have very carefully considered what financial adjustment 
will bo necessary botwo^n us and the Amalgamated Bank in view of 
the concession which it is proposed to confer upon it. Under the 
present agreements the Bank& receive a certain lump and all pay- 
ments (Bengal "Rs. 43,600. Bombay Rs, 12,240 and Madras 
Rs. 12,000) for the conduct of Government business at their Head 
Offices, but receive no payments for such business done at their 
branches. They also receive remuneration at the rate of Rs. 2,000 
per crore of public "'obt for the management of the Public Debt 
Offices. In consultation with the authorities of the three Banks, 
wo have closely examined the question as to the quid pro quo which 
should be given to us in the shape of a share in the profits or other- 
wise as a return for the use of the whole of our Indian balances. 
Since 1913 the dividend-cww-bonus of the Bank of Bengal has been 
increased from 14 to 17 per cent, and that of the Bank of Bombay 
from 13 to 10, no increase having been made in that of the Bank of 
Madras. Owing to the general prosperity which India has enjoyed 
during the war and to the large increase in the volume aud circu- 
lation of money in the principal markets, the profits of the Banks of 
Bengal and Bombay would doubtless have increased quite apart from 
their use oi the Government funds entrusted to them. But wo 
think it highly probable that this growth in profits has also been 
stimulated by the large amounts which you have deliberately retain- 
ed with bho Banks during the last few years. Wo have shown 
above that while as compared with recent years the amount of extra 
resources obtained by the now bank will bo comparatively bmall, as 
compared with the earlier years the amount will probably be sub- 
stantial and if these extra funds were to bo lent out to the high- 
est bidder there is no doubt that in the busy season wo should bo 
able to earn an appreciable amount of interest thereon. It might bo 
argued, therefore, that thero is ovory justification for the participa- 
tion by tho State in the profits of the Bank as, for example, by the 
payment to the former of interest upon the average amount of 
Government deposits above some specified sum or by a definite share 
in the profits alter a certain dividend has been realised. There are, 
however, certain important considerations which weigh in tho 
opposite direction, In the first place, as pointed out in paragraph 
12 of the Banks' Memorandum, tho undertaking to adopt a pro- 
gressive policy in the matter of opening now branches will, there is 
litle doubt, for some time result in a loss to the Bank on their 



JVNE1919] GOVT. OF INDIA DESPATCH 263 

working. Those centres of trade, at which a branch is likely to 
show a profit in the near future, have to a large extent already 
been exploited by the three banks and as more branches 
are established a comparatively longer time must elapse before the 
opening up of the localities concerned will result in a business 
profit to tho branches of the Bank established therein. If the 
banks were to remain separate institutions, and as at present 
constituted, it is highly improbable that in tho inteiests of thoir 
share-holders they would bo justified in opening moro than a very 
few morn branches. Secondly as we have already pointed out i he 
possession of additional funds derived from the Government will 
entail additional responsibilities and it will be necessary for tho new 
Bank so to arrange its policy as to maintain itself in a position to 
moot sudden and unforeseen demands which at present fall mainly 
upon the Reserve Treasuries. Thirdly it will be observed that the 
banks have refrained from stipulating for any fixed minimum for 
the total amount of Government's balances and it follows that by 
this poolling of resources the Bank will at certain times bo using 
its own private funds for Government purposes. 

For these reasons we feel that it is quite impossible to attempt 
at this stage to balance the account however roughly, and that tho 
only practical course will be as suggested in the memorandum for no 
financial adjustment to be made or claimed on either side during tho 
first- three years of the Bank's working. At the end of that period 
it is probably that sufficient experience will have boon gained to 
estimate how far tho conduct ot Government business has on the 
whole boon profitable to the Bank and, should you approve this 
conclusion, we propose to review this question again at that time. 
We would, however, exclude fiom tho above arrangement tho 
public debt work to be performed by the bank for Government. 
As pointed out in paragraph 13 01 the memorandum the cost of 
this work to the bank is capable ot a fairly exact estimation 
and we propose, therefore, to continue the present remuneration 
as provided for in the agreement with the Bank of Bengal, 
subject to revision at the end of the above-mentioned period of 
three years. 

In paragraph 16 above we have given our reasons for desiring 
to have an official representative on the Central Board of tho Bank 
and we have, therefore, little to add to what is said in paras 4 to 
7 of tho memorandum regarding the constitution of the Governing 
Body and its relations with the Local Boards. To a large extent 
the Banks' proposals on this point are their own domestic concern 
and have only to add that they have been the result of considerable 
discussion and in our opinion are calculated to result in efficient 



264 IMPERIAL BANK OF INDIA [SIMLA 

working and in the avoidance of friction between the various local 
interests concerned. 

Proposed Increase of Capital. 

As regards the proposed increase of capital we understand that 
the Bank recognise that there are some advantages from the point 
of view of prestige of having no uncalled capital. They feel, how- 
ever, that the circumstances in which the new bank will be inaugu- 
rated outweigh this general consideration. There will, certainly 
for some time to come, be no necessity to the employment for the 
150 lakhs of fresh capital power to issue which it is proposed to take 
and the banks prefer arid wo agree with them to call up only so 
much as can profitably bo employed at or ce leaving the Governing 
Body power similar to that possessed by the Directors under Section 
14 of tho present Act to make further calls. As now branches are 
established it will be necessary from time to time to call up now 
capital and we think it desirable that the new act should contain a 
s-ifficient margin for this to be done without special reference to the 
shareholders on each occasion. 

The Modification. 

Finally, wo havo to offer some remarks upon the modifications 
proposed by tho Banks in paragraph 14 of their memorandum 
on the restrictions at present imposed upon their business, Tho 
original restrictions imposed by tho Presidency Banks Act 1876, have 
subsequently been relaxed from time to time in one or two directions 
though their general character has not been substantially modified. 
Of tho further modifications now proposed, Nos. (6), (8) arid (9) 
are upon the proposals regarding the establishment of a London 
Otfice and need not be further discussed hero. As regards the 
remainder it is claimed by the Banks that these do not fundamen- 
tally change tho character of the present restrictions and subject to 
certain qualifications we think that this is correct. Our views of 
the proposed modifications other than the three already mentioned 
are as follows. Items (I) and (2). we do not see any objection 
to the Bank being allowed to do business of the kind mentioned, 
which is, we think, essentially similar in nature to the other kinds of 
business enumerated in Sec. 26 of tho Act. Item (3). We understood 
that this item was inserted because one of the Presidency Banks 
felt some doubt as to how far the ways and means of advances given 
to us from time to time during the past two years were covered by 
the existing proviso. We shall examine this point further when 
the new legislation comes to be drafted, but as at present advised 
we are inclined to think that the expression Secretary of State for 



JUNE 1919] QOVT. OF INDIA DESPATCH 265 

India in Council covers the Indian Governments subordinate thereto. 
Item (4). If the new clause here proposed \vero intended to allow 
the new Bank to embark wholesale upon the business of making 
advances upon shares, we should bo unable to endorse it, as we 
consider that the present inability of the Presidency Banks to tie 
up their resources in such business is a most valuable safeguard 
not only from the point of view of ourselves and of the other Banks 
and members of the general public who form the Presidency Banks' 
regular constituents, but also as an indirect mo.ius of checking undue 
speculation in the principal share markets We understand, however, 
that the banks themselves have no intention or wish to engage 
regularly in business of this description but they have pointed oufc to 
us 1 that there have been occasions which may possibly secure when it 
would have been of public advantage if the banks had had this power 
in reserve and could have been in a position to give assistance to sound 
concerns which did not happen to possess sufficient securities of a kind 
upon which the Banks had power to make advances. Such a power, it 
is urged, would also be useful when, for example, the Bank had given 
advances on some authorised security such as cotton or jutes and 
when owing to fall in prices the margins had run off. In such cases 
it would bo desirable that the Bank should have power to accept 
fully-paid shares and debentures of companies rather than have 
to force the borrower to repay a sufficient amount of the loan to 
restore the margin. It is occasions such as these that the Banks 
have had in mind in suggesting the now clause in question and 
we admit that a strictly limited power to advance on shares would 
at times be useful and not open to objection. Nevertheless we 
consider it of very great importance that there should be no sort of 
ground for suspicion in the public mind that the bank was being 
allowed by a side-wind to convert the present important restriction 
in this matter and no loophole whatever for any officer of the bank 
to use such a power to advance regularly on shares. We propose 
therefore when drafting the new legistation to restrict such advances 
to cases where the shares, debentures, etc, are taken as collateral 
security. Item (5). The liquid assets here mentioned would be 
stocks of raw cotton or jute under process of manufacture, of stocks 
of coal held by a mill, etc. We think that the proposed clause is 
probably coveied by item (2) and by sub-section (5) of the present 
section 36 and we reserve this point for further consideration in 
drafting the new Act. Item (7). It would frequently be of advantage 
in up-country districts where there is no Administrator General or 
official trustee for the Bank to act as administrator 01 trustee of 
estates. This would be purely agency business done on commission 
and would not, of course, represent a charge on the Banks' resources, 

34 



IMPERIAL BANK OF INDIA [SIMLA 

Item (10). Here again we should deprecate any wholesale removal 
of the present restriction which prohibits the banks from advancing 
money on the security of immovable property and we understand 
that this is not the intention. For, the reasons which have already 
been given under item (4) we think that though such a power 
might be useful in certain cases, such security should only be 
accepted as collateral Item (11). We think that the present limit 
of Rs. 10,000 is too low and that it is desirable to make the present 
provision more elastic by the omission of any definite amount in the 
Act. If you approve of this we propose to impose a limit of Rs. 
one lakh in the bye laws made with our approval, 
Consulting the Share-holders. 

We now request your approval to our authorising the Directors 
of tho throe Banks to place the scheme before their shareholders 
and, as soon as the latter's consent has been obtained, to your under- 
taking the legislation necessary to give effect thereto. We propose 
that the new Banks Act should follow the general linos of and cover 
approximately the same ground as the Presidency Banks Act of 
1876, that is to say, it will inter did define the constitution of 
the Bank, of its Governing Body, the Central Board and of the 
Local Boards subordinate thereto. It will, as at present, define 
the nature and limitations of the business which may be undertaken 
by the Bank and will contain provisions wide enough to authorise 
the Bank to undertake such business in London as you may even- 
tually give it, together with any aditional duties such as the 
management of the Paper Currency as may in due course be 
entrused to it in India. Wo think it only fair to the Bank that 
the custody of our funds should bo guaranteed to it for a reasonably 
long period such as ton years, and wo propose to make statutory 
provision accordingly as \voll as for the presence of the official 
representative on the Central Board during such period, the whole 
arrangement being subsequently terminable on a year's notice 
from either side. The exact functions and mutual relations of the 
Central and Local Boards will be defined in statutory bye-laws to 
which as at present our sanction will be required, while the remain- 
ing matters arising out of the relations between the Bank and 
Government will be regulated by a formal agreement. 

We have the honour to be, 

Sir, 

Your most obedient and humble servants, 

($d.) Chelmsford, G. R. Lowndes, C. Sankaran Nair, R. A. Mant, 
G. 8. Ba,nes, W. H, Vincent, II. F, Howard. C, C. Monro, 



,U:NB 1919] IMPERIAL liANK OF INDIA 267 

Note 

The proposals outlined above eventually culminated in the 
passing in September 1920 of the Act 47 of 1920 "An Act to consti- 
tute an Imperial Bank of India and for other purposes". Under 
this Act (see pp. 234, 300) the three Presidency Banks will be 
merged in the Imperial Bank of India as from 27th January 1921, 
the capital of which is to be 11,25,00,000 of which half will be 
paid up at once, 

The Bank will be controlled by a Central Board and will have 
Local Boards in Calcutta, Bombay, and Madras : it will also open 
an Cilice in London. The Bank will act as the sole Banker to and 
be custodian of the Treasury and cash balances of the Government 
of India and the various local Go\ernments. 

The Bank has undertaken to open 100 new branches within 
5 years, Government having the right to determine the location of 
one in every four. 



The Public Services Commission 

Organisation and Recruitment 

Govt. of India Resolution December 1920. 

Organisation :It has been decided as recommended by the Public 
Services Commission to maintain the existing organisation of the Civil 
Services. The division into an Imperial Service arid a Provincial 
Service based on the work for the performance of which the two 
services are recruited, and not on any artificial distinction. The 
evidence recorded by the Commission disclosed no desire for any 
change. In future the Imperial branch will be known as the Indian 
Civil Service and the Provincial branch will bear the name of the 
province in which its members are serving, c. g. t Bengal Civil Service. 

The recruitment of military officers to fill civil service posts in 
Burma will coase from the date of the present resolution. 

A revised list of superior appointments is annexed to the 
resolution. It has boon approved by the Secretary of State, but 
it has been compiled primarily for the recruitment and does not 
purport to be final in any way. 

Methods of llecruitment : Recruitment for the Indian Civil 
Service (including appointments to posts ordinarily held by members 
of the Indian Civil Service) will in future be effected by the follow- 
ing methods : (1) An open competitive examination in London ; 
(2) a separate competitive examination in India ; (3) nomination 
in India ; (4) promotion from the Provincial Civil Service ; (5) 
appointment from the Bar. 

Open Competitive Examination in London : This examination 
will bo the main channel of entry to the Service, and will be open 
to all as heretofore, subject to the reservation that in future Indians 
successful in this examination will not be allotted to Burma nor 
successful Burmans to India. The exact curriculum of future 
examination cannot at present bo announced, as the details of 
the syllabus are still under consideration. But the Secretary of 
State has been in consultation with the Civil Service Commissioners 
and with the Universities in the United Kingdom with regard 
to the age of entry and the period of probation, and has arrived-at 
the conclusion that it is in the best interests of India that the 
age-limits for admission to the examination shall be 21 to 23 
(reckoned from 1st August in the year in which the examination is 
held), and that the period of probation shall be two years. Before 
arriving at this decision, the Secretary of State in Council carefully 
considered other possible alternatives, and in particular, (a) the jro- 



DEC. 1920] ON PUBLIC SERVICES COMMISSION 269 

posal of the Royal Commission on the Public Services in India that 
the age-limits should be 17 to 19 on the 1st January, followed by 
three years' probation, (b) the proposal that the ago limits should be 
17 to 20 followed by two year's probation. The reasons for and against 
the various alternatives are succinctly stated in the extract from 
the Report of the Civil Service Commissioners' which is appended to 
this resolution. In deciding on the adoption of age-limits of 21-23, 
followed by two years' probation, the Secretary of Stato in Council 
has been influenced by the facts (I) that it is the resolution which 
was favoured by the Government of India in referring the question 
for consideration in January 1919, and by a majority of the local 
Governments in reply to that reference, (2) that it is recommended 
by the Civil Service Commissioners who are his statutory advisers 
in such matters and (3) that the Universities in the United King- 
dom are practically unanimous in favour of it. Moreover, public 
opinion in India is decidedly against the adoption of the school- 
leaving age-limits, which would in practice exclude many Indians 
from the open competition in England and in favour of the higher 
limits, as was evident from the discussion in the Imperial Legisla- 
tive Council on the 24th September 1917, on a resolution depreca- 
ting acceptance of the Royal Commission's proposal. The decisive 
consideration is the paramount necessity of securing for the Indian 
Civil Service Officers of the highest possible quality. For this, it is 
necessary to obtain men who have completed their University 
education and have had, in addition, a thorough special training, 
such as a well-organised course of probation lasting for two years 
affords. The details of the course of probation are now under 
consideration by the Civil Service Commissioners, but it has been 
decided that Law and Jurisprudence shall form an important part of 
the training. The study of Indian Languages (vernacular and 
classical), of Indian History and of Economics, with special reference 
to Indian conditions, will also be included in the course. Details 
both of the probationary course and of the syllabus of the open com- 
petition will be announced later when they have boon finally settled. 
Separate Competitive Examination in India : This has been 
accepted as the main source of Indian recruitment. The institution 
of such an examination is provided for by Section 97 of the Govern- 
ment of India Art. The conditions under which the examination 
will bo held have not yet been determined by the Secretary of State, 
who is in consultation on this subject with the Civil Service Com- 
missioners. They will be announced later. But it has been decided 
that the age-limits will ordinarily be 21 to 23 on the 1st August 
of the year in \\hich competition is held as in the case of the London 
examination, r lhe candidates thus selected (as well at any who 



270 GOV'1\ OF INDIA HE SOLUTION [DELHI 

may be nominated in India under paragraph 8 of this resolution) 
will be sent to the United Kingdom to join the candidates selected 
at the open competition in London in their two years' course of 
probation. It has been decided, of the recruits selected in India 
for the Services (exclusive of those promoted from the Provincial 
Services, or directly appointed from the Bar) at least 67 per cent 
will bo obtained through this examination. Nomination is provided 
for in Section 97 (b) of (ft) of the Government of India Act in 
order to secure to some extent representation of the various provinces 
and communities in India, It will not of necessity take place every 
year, but only when the results of the competitive examination in 
India fail to give the representation required. The following proce- 
dure will be adopted : When the number of vacancies to be filled in 
India in any year by direct recruitment (i. e. exclusive of promotions 
from the Provincial Service and appointments from the Bar) have 
boon settled, 67 per cent of these will be announced as open for 
competition. If the distribution of accesses in the examination 
turns out to be such as will meet the requirements of the various 
provinces and communities, resort to nomination will be unnecessary. 
The vacancies held in reserve will be filled as far as possible by 
selection from among the candidates who sat for the competitive 
examination and attained certain qualifying standard. Failing this, 
they will be filled by nomination. Rules relating to nomination are 
being framed under Section 97 (6) of the Government of India Act 
and will be annouced as early as possible. 

Promotion from the Provincial Service: The Commission recom- 
mended some reduction in the number of listed posts, but the 
Government of India have decided not to reduce the chances of 
promotion open to officers of the Provincial Service, until they are 
in a position tc appreciate moro accurately than is possible at present 
the effect of the rules now framed regarding direct recruitment to 
the Indian Civil Service in India. It is probable, indeed, that in 
soino provinces the number of such appointments will actually be 
increased. Officers promoted from the Provincial Civil Service to 
hold posts ordinarily held by mornbers of the Indian Civil Service 
will in future have the same opportunities of promotion as those 
who have been directly recruited in regard to their status m* a vis 
the regular members of the Indian Civil Service. The Government 
of India have decided to institute, or where they exist to retain, 
Provincial Commissions on the lines recommended by the Public 
Services Commission in paragraph 3 of annexure of their Report, 
and to include in such Commissions not only all members of the 
Indian Civil Service however elected, but also promoted members 
oi the Provincial Civil Sen ice aud members of the Bar appointed 



DEC, 1920] ON PUBLIC SERVICES COMMISSION 271 

to hold superior appointments ordinarily held by members of the 
Indian Civil Service. The two latter classes ot officers cannot be 
admitted to the Civil Service itself, but will, from tho date of their 
appointment, take rank with Civil Service Officers and will be eligible 
with them on their merits for all posts on the Civil Service grade. 

Appointments from the liar \ Local Governments already have 
power under the rules laid down in the Home Department Notifica- 
tion No 596, dated the 2 1st Juno, 1918, to appoint persons who ' 
are not members of the Provincial Service up to one-fourth 
of the total number of listed appointments. This power will 
be utilised by them as an experimental measure to appoint 
District Judges direct from the Bar. It is hoped ultimately 
to fill no less than 40 posts in this way, should qualified men be 
available. Members of the Bar will, however, be appointed to posts 
in excess of 25 per cent of the total number of such appointments 
only as new posts are created and with due regard to the claims of 
existing members of the Civil Service. Thus tho right of these 
oilieers will be duly safeguarded us was expressly provided for by 
Section 3(> (2) of the Government of India Act, 1919. At the same 
time there will be no reduction in the number of posts open to men 
promoted from Provincial Civil Service, Should the experiment 
prove a success, (and on this point the opinion of High Courts will 
be ascertained from time to time) the full number i.o, 40 will even- 
tually bo made available for persons from the Bar. For the purposes 
of these appointments Vakils and Advocates of High Courts and 
Pleaders of Chief Courts will bo eligible us well as Barristers. 

Percentage, of Indians in the Service : After full consideration with 
the approval of the Secretary of State, the Government of India have 
decided to adopt the proportion suggested in paragraph 317 of the 
Joint Report of tho Indian Constitutional Reforms. This proportion 
of 33 per cent, rising by one and half per cent annually for 10 years 
to a maximum of 48 per cent, will be taken as an all-round figure to 
cover the total Indian recruitment from all sources, including promo- 
tion from tho Provincial Service arid appointments from the Bar. 
The number of Indians to be recruited in India by examination and 
nomination will be fixed each year after taking into account the 
number of Indians recruited in other ways, including the open com- 
petition in London. The direct recruitment of Indians for 1920 has 
been already made under the rules issued under the Indian Civil 
Service (Temporary Provisions Act) and the candidates selected are 
already undergoing their probation in England, although the candi- 
dates under these rules were selected at the end of 1919. The cal- 
culation of the number to be appointed was based on the considera- 
tion of vacancies that had accumulated from 1915 to 19204nclusive. 



272 GOVT. OF INDIA KESOLUTION [DELHI 

These candidates were selected by nomination. It was intended that 
any further appointments to be made in India should, so far as possible, 
be effected by means of a competitive examination as explained in 
the paragraph above, but the CivH Service Commissioners who are 
engaged in working out the scheme for this examination have report- 
ed that it will not be possible to hold the examination in 1921, in 
time for candidates selected to commence their probation in England 
in October, 1921. It has been decided, therefore, that the number 
of Indians required to be recruited for 1921, accordingly to the per- 
centages approved above, should be obtained by nomination as in 
1919. The rules required to effect this are under consideration and 
will be published as soon as possible. It is hoped that the scheme 
of examination in India will havo boon settled and the rulos under 
Section 97 (6) referred to in paragraph S above approved in time to 
enable the first competition in India to be held in the cold weather 
of 1921-22, and the candidates selected to commence their probation 
in England in October, 1922. 

Training in India : Subject to the general considerations 
mentioned below full discretion is left to Local Governments and 
Administrations in the matter of framing rules for departmental 
examinations and training. On arrival in India, officers should bo 
trained under the supervision of a suitable District Officer, who 
should 'riot only have the special qualities required for training 
junior officers, but also the time to devote to this object. Much 
valuable assistance can often bo given him in thio matter by a 
senior assistant. For the first year too much court work should 
not bo prescribed, and departmental examinations should be more 
practical. Tho test of proficiency in law should be more and more 
limited to an examination of a man's ability, with the Act and 
Rules at his disposal, readily to find the law governing a particular 
case and to apply it intelligently. The tost in the vernaculars 
should be stiffened and should be directed chiefly to ensuring that 
officers are able to converse in them with fluency and to read and 
write them with accuracy. 

Special Training of Officers for the Judicial Jlranch: At any 
stage between five and eight years service as soon as they are so 
selected, they should undergo a period of training for 18 months 
in the posts of Munsiff and subordinate Judge or Additional 
District Judge and thereafter, if the High Court so recommends, 
they may be granted study leave to the United Kingdom for the 
purpose of reading in Barristers Chambers and passing the Bar 
examinations under such rules as may from time to time be 
prescribed by the Government. Ordinarily, this leave will not 
be granted to any officer after the 12th year of service. 



Govt of India Despatch on the 
Burma Reforms Scheme 

The following despatch to the Secretary of State relating 
to a new constitution for Burma was published : 

No. J-General, dated Delhi, the 15th March W2u. 

Prom if fa Excellency the Viceroy and Governor-General of India 
in Council, 

To The Eight Honourable Edwin Montagu, His Majesty's Secretary 
of State for India. 

We have the honour to lay before you our proposals for a now 
constitution for Burma. 

2. In paragraph 198 of the Joint Report the problem of 
Burma's political evolution was set aside for separate and future 
consideration. The Authors of the Report took the view that Burma 
was not India, that its problems were altogether different, and that 
it was impossible to say how far their proposals would be applicable to 
Burma till the Government and the people of that province had had 
an opportunity of considering them. On the publication of the 
Repoit the Lieutenant-Governor of Burma took steps, by means of 
informal conferences, to ascertain the views held in Burma regarding 
the proposals of His Excellency and the Secretary of State, and 
subsequently in a resolution, which forms an enclosure to this 
despatch, he published for discussion and criticism a tentative 
scheme of reforms. This resolution was issued in December 1918 
and in June of tho following year, after consideration of the opinions 
which the scheme had elicited, the Lieutenant-Governor submitted 
to us his formal proposals for a new constitution. 

3. These proposals are fully set out in the local Government's 
letter of the 2nd June 1919, of which we attach a copy. They 
included a wide extension of local self-Government, and the 
establishment of a Legislative Assembly in which the elected element 
would have a substantial majority, Elections to the Legislative 
Assembly were to be direct, except in the case of the rural repre- 
sentatives who were to be elected by the District Councils. The 
power of the Governor to ensure the passing of legislation considered 
to be of essential importance was to be secured by providing that 

36 



274 GOVT. OF INDIA DESPATCH ON THE 

measures certificated by the Governor should become law unless 
opposed by a majority of two-thirds of the Assembly. The resolu- 
tions of the Assembly on the budget were to have the effect only of 
recommendations to the local Government, but it was contemplated 
that in practice the local Government would not disregard the 
clearly expressed wishes of the Legislature except on matters regard- 
ed as essential for the maintenance of peace and security. The most 
distinctive feature of the scheme, however, was the proposal for the 
creation of a system of Boards which were to exercise some of the 
powers now vested in the local Government. There were to be four 
such Boards, ouo for home affairs, one for local self-government, one 
for development and one for revenue and finance. Each Board was 
to be presided over by a non-official President chosen, except perhaps 
in the case of Europeans, from the non-official members of the Legis- 
lative Assembly. The other members of the Boards were to consist 
of Heads of Departments and Secretaries to the local Government. 
The oihcial members were to exorcise without reference to the Presi- 
dents the independent powers which they possess under the existing 
system, but in all matters, which lay beyond the powers appertaining 
to the Head of the Department, no action was to be taken without 
tho cognizance and participation of tho nori- official President. The 
decisions of the Board were to be in accordance with the opinion of 
the majority, but the non-official President was to be empowered to 
carry any case to the Lieu tenant-Governor and to ask for his per- 
mission to over-rule the Board. It was recognized that the Boards 
contained no element of responsibility to tho legislature. It was 
urged, however, that the Assembly would be able to express their 
disapproval of the administration of a President by an adverse vote, 
and that in this way a gradual advance towards responsible govern- 
ment would be secured. As regards its relations with India, separa- 
tion was declared to bo the ultimate goal to which Burma should 
look forward and, partly as a fitting recognition of this fact and 
partly with the object of retaining for the provincial legislature and 
administration the ablest of her people, it was proposed that Burma 
should not bo represented on the Indian Legislative Assembly. On 
the Council of State the Lieutenant-Governor asked for three seats, 
one of which was to be held by an officer of the Burman Commission 
attached to the Government of India to advice on all matters affect- 
ing the interests of Burma. It was claimed for this scheme that it 
was a preliminary advance towards responsible self-government ; 
that it paved the way for further progress with the growth of experi- 
ence and capacity amongst the people ; and that it set the course of 
development of Burma and its people towards the realization of a 
separate national entity within the British Empire. 



SUSJUA REFORMS SCHEME 2*6 

4. We recognized the great care and thought which had been 
expended on these proposals and, for reasons which we shall explain 
later, we took no objection to them on the ground that they differed 
profoundly from the scheme which has been adopted for the Indian 
provinces. Nevertheless there were features in them which we felt 
unable to accept. We thought that the system of Boards would 
prove to be an unwieldy method of Government and further that it 
was open to the criticism that it made no real advance in the direc- 
tion of giving Burmans any power over the administration. The 
powers to be exercised by the Boards would be those which were 
delegated to them by the Head of the Government and the Head of 
the Government was to retain authority to withdraw any such 
powers from the Boards at his direction. We doubted whether 
Burman opinion would be satisfied without a Governor in Council 
since any substitute would be regarded as of inferior dignity ; and 
we were inclined to favour the establishment of an Executive 
Council, both on this ground, and on the ground that it would give 
the Burmans some measure of administrative control at the outset 
and that it would pave the way towards a further advance by tho 
conversion, when the time came, of tho non-official Councillors 
into Ministers. As regards the Legislature, we accepted the process 
of indirect election proposed in the case of tho rural members as 
inevitable in the circumstances ; but we thought that the procedure 
for ensuring the passing of Legislation considered to be essontiol by 
the Government should be the same as in the case of the provincial 
legislative councils in India. We communicated these criticisms to 
the Lieutenant-Governor and asked for a further expression of hi& 
views. 

5. Tho further views of the Lieutenant-Governor wore submit- 
ted in a letter, dated January 22, 1920, of which a copy is attached 
to this Despatch. In the interval the Report of the joint Committee 
had appeared and the Lieutenant- Governor reviewed his scheme in 
the light both of our criticisms and of tho recommendations of the 
Committee. He considered that the dualistic system adopted for 
the Indian provinces was quite inapplicable to political conditions 
in Burma, and he was also opposed to the establishment of an 
Executive Council. He urged that there were no persons who 
could be selected to fill the independent position of ministers, an-", 
that even greater difficulty must attach to the selection of Executive 
Councillors to deal with both reserved and transferred subjects. 
He recognised, however, that the constitution of the Boards proposed 
by him gave an appearance of the President being always confronted 
with a majority of officials, and proposed accordingly, while 
retaining four Boards as an essential and convenient means of 



276 GOVT. OF INDIA DESPATCH ON THE 

administration, to reduce the membership of each Board to two : 
a non-official who would be the first Member of the Board and 
would also be termed Minister, and an official who would be second 
Member of the Board. He recommended that the Head of the 
province should be empowered to appoint at the outset any persons, 
whether elected members of the Legislature or not, but proposed 
that at least three of the subsequent appointments should be made 
from the elected members of the Assembly. He claimed for this 
modified system that it would employ and train in responsible 
posts a maximum number of non-officials ; that it enabled a gradual 
transfer of power to bo carried out by means of further delegations ; 
and that when conditions were ripe for this advance, it admitted 
of easy transformation into a constitution of Ministers or a consti- 
tution of Executive Councillors or a constitution which should 
include both Executive Councillors and Ministers. He adhered 
to his original proposal that, since Burma was unable to provide 
a suitable number of representatives in the Legislative Assembly, 
it should be excluded from this body and suggested an arrangement 
under which Indian legislation would be extended to Burma after 
consultation with the Government of Burma and the Burma 
Legislative Assembly. On the Council of State he again asked 
that Burma should be given three representatives of whom one 
should represent Burman Commerce. Finally, he proposed that 
the title of the Viceroy should be altered to that of "Governor- 
General of India and Burma. 

fi. Wo recognised that those proposals wore an improvement 
on those originally put forward by the Lieutenant-Governor. 
Wo could not, however, admit that our objections had been 
fully met more particularly in regard to the form of executive 
government suggested. The system of Boards still appeared 
to us to bo open to the criticism that at bottom all real power 
was restrained in the hands of the Hoad of the Government. We 
were not convinced that tho establishment of an Executive 
Council was impracticable and were unablo to accept the proposals 
that Burma should not bo represented on the Indian Legislative 
Assembly. We folt, however, that it would be an advantage if the 
wholo position could be discussed with the Lieuteriant-Governor and 
we therefore invited Sir Reginald Craddock to Delhi so that we 
might have an opportunity of personal consultation with him before 
formulating our final proposals. Wo have now had a full discussion 
with the Lieutenant-Governor and we are glad to be able to inform 
you that we have arrived at substantial agreement with him as 
regards the linos on which the new constitution of Burma should be 
framed, and that we aro now able to lay before you a scheme which 



SURMA REFORMS SCHEME 277 

in all its important features commends itself equally to the Head of 
the Province and to ourselves. 

7. We accept in the first place the proposals of the Lieu tenant- 
Governor that the title of the Viceroy should bo altered to that of 
"Governor-General of India and Burma." Historically and geographi- 
cally, Burma is only by accident a part of the Indian Empire', and we 
think that this alteration of the title of the Viceroy will be an appro- 
priate means of recognizing its distinctive position. We are opposed, 
however, to taking any step which would prejudge tjie question of 
separation, and cannot therefore approve of the exclusion of Burma 
from the Indian Legislative Assembly, which measure would in our 
judgment be tantamount to recognizing that separation was inevita- 
ble at no distant date. Burma shares with India common system 
of taxation for central purposes and its exclusion from the Assembly 
which controls the allocation of the proceeds of taxation, could be 
justified only if it were treated as a temporary measure and as the 
prelude to early and complete separation. Burma is linked at pre- 
sent with India by many ties, foreign, military and commercial, 
which cannot be severed in the immediate future or till the condi- 
tions which make for union or separation are clearer than they are 
now. There is nothing in the present circumstances of Burma which 
necessitates an early decision and much which suggests the desira- 
bility of keeping an open mind in regard to a problem whose solution 
may depend so largely on future and unforseeable developments. 
We may add that whilst the Lieutenant-Governor would still prefer 
that Burma Should not be represented on the Legislative Assembly 
he does not now press strongly for its exclusion. 

8. As regards the provincial constitution, we are in full agree- 
ment with the Lieutenant-Governor as to the impossibilty of impos- 
ing on Burma a constitution on the Indian model. In our judgment 
the fact set out in the resolution and the letters of the local 
Government place this conclusion beyond reasonable doubt. In 
political development Burma is at least a generation behind India. 
Broadly speaking, the people of Burma have had no electoral 
experience whatever. Local Self-Government hitherto has been con- 
fined to a few municipalities and little advantage has been taken 
of even the limited facilities thus afforded ; while the Burma 
Legislative Council has never up to the present time included a 
single elected Burman. In other spheres of national life the back- 
wardness of the Burmans is no less marked. In commerce and in 
administration all the prominent positions are filled by Europeans 
arid Indians. The total number of Burman graduates has not yet 
reached 400 ; not a single Bnrman has passed the examination for 
the Indian Civil Service ; whilst even at the Bar Burmans hare 



278 GOVT. OF INDIA DESPATCH OK HIE 

been easily out-distanced by their Indian competitors, To impose 
on such a people a system of government in which persons without 
requisite training or capacity would be called on to assume unaided 
the highest responsibilities would be an experiment too rash for 
statesmanship to contemplate. We must take the facts as they are ; 
we must build on such foundation as actually exists and there are 
at present no foundations on which the elaborate structure of the 
Indian system could be superimposed. The new constitution should 
be framed on* as generous lines as possible and should admit of 
progressive liberalisation with the growth of experience and capacity 
amongst the people. But it is equally essential that in framing it 
due account be taken of the political immaturity of the people. 
We are anxious that the advance towards responsible government 
should be as rapid as we can make it, but nothing will be gained 
in attempting to force the peace to an extent which ignores the 
governing conditions of the problem. India has had to pass through 
a long course of political training before it was found possible to 
confer on her the reforms which have now been embodied in the 
Government of India Act ; and though wo hope and believe that in 
Burma this stage can be curtailed considerably, we do not think 
that it can be dispensed with entirely. We aim at giving the Bur- 
mans a control over the administration far larger than they have 
hitherto enjoyed, but before we can concede to them the same measure 
of responsible Government as we are about to confer on the Indian 
provinces, there must be an intermediate period of preparation and 
training. This conclusion appears to us to be entirely consistent 
with the recommendation of the Joint Committee. The term 
"analogous" employed by the Committee is doubtless in itself 
susceptible of more than one interpretation ; but the Committee have 
explicitly recognised the differences between India and Burma and 
we read it, therefore, not as connoting identity or even close simi- 
larity, but, rather, as indicating that in their opinion the Burmans 
should receive a constitution as liberal having regard to the relative 
political development of the province as that which has been 
granted to their Indian fellow subjects. We are confident that 
the proposals which we shall now proceed to describe will satisfy 
this condition. 

9. We contemplate first a wide extension of local self-govern- 
ment on the lines proposed by the Lieutenant-Governor. We attach 
importance to this part of our programme of reforms, not only as 
a moans of conferring control over local affairs, but also because it 
is on the local bodies that wo must primarily rely for the develop- 
ment of administrative capacity and electoral experience amongst 
the people. The Municipal Act will now be extended to all urban 



BURMA REFORMS SCHEME 279 

areas of any size and importance ; alt municipal committees will bo 
mainly elective and nil almost entirely non-official ; and all 
municipal officials will be appointed by the Committees them- 
selves, Such control, as it will still be necessary to retain, 
will thus be exercised in future from without and not from 
within. In rural areas much of the powers in local aifairs hitherto 
exercised by the Deputy Coufmissioner will bo entrusted to Circle 
Boards and District Councils. Circle Boards will bo constituted 
from members elected by groups of village tracts and the 
electorate will comprise all residents in each group who are 
assessed to capitation tax or thathameda or income-tax or who have 
been exempted from such taxation on grounds other than provorty. 
The District Council will consist of representatives elected by t ho 
Circle Boards and members returned by each Municipal area in the 
district. It will supervise and be responsible for the working of 
the Circle Boards, whose functions in the main will bo those dele- 
gated to them by the Council ; and it will administer such local 
matters as vernacular education, sanitation, roads, etc. These 
measures will give Burma a system of local self-government as 
extensive and as liberal as that of any province in India. 

10. The Burma Legislative Council was created in 1897. As 
first constituted, it consisted of 9 nominated members, 4 of whom 
were officials. In 1909 the membership of the Council was increased 
to 17 and in 1915 to 19. As late, however, as 1916 the only 
elected members of the Council were two Europeans, and the sole 
representative of the indigenous races were two Burmans, one Karen 
and a Shan Chief. Burma has thus never had a Council of the 
kind which was established in India by the Morley-Minto Reforms. 
In substance its Legislative Council has conformed to the pre-1909 
type. It might therefore appear that the most natural line of 
advance would convert the existing Council into a Legislature 
in which the elected element would be about as large as in the 
present Legislative Councils of Bombay and Bengal. We have 
considered, but have rejected, a suggestion to this effect. We 
think that Burma has deserved and should receive a Legislature 
in which the elected members will have a substantial majority. 
Nothing less will satisfy the legitimate sentiment of the Burma 
people or provide that measure of popular control to which, despite 
their political immaturity, they can fairly lay claim. The proposals 
of the local Government fulfil this condition. They have been 
worked out with great care and we think they may be accepted as 
suitable and satisfactory. In their latest form they provide for a 
Council of 92 composed a.s follows ; 



280 GOVT. OF INDIA DESPATCH ON THE 

A. Elected Members. 

1. One district representative from every district that has a District 

Council ... ... ... ... ... 31 

2. Urban representatives ... ... ... ... 19 

3. Two elected members of the Burma Chamber of Commerce ... 2 
t. One elected member of the Rangoon Trades Association ... 1 
5. One representative of the Burma Educational Syndicate, and later 

of the University when established ... ... ... 1 

0. (a) One elected member of the European community, a European 

being defined as a person of European parentage on both sides ... I 

(b) One elected member of the Anglo-Indian community ... 1 

Total elected members ... "><> 



B t Nominated Members. 

7. (a) Twelve non-officials nominated by the local Government for races 

or interests inadequately represented by the elected members ... 12 

(b) One Kuropean member to represent one branch of commerce not- 
represented by the elected commercial members ... ... I 

(c) Three members (one Burmese, one Indian and one Chinese) to 
represent branches of commerce in which the Burmese, Indian and 
Chinese communities are specially interested ... ... 3 

8. Two experts, official or non-oilicial ... ... ... 2 

'.>. Twelve Officials ... ... ... ... ... 12 

Total nominated members ... 30 



C. Ex-officio members. 
Six members of executive council ... ... ... ... C 

GHANI> TOTAL ... U2 

or including the Governor ... DH 

Tho elected members will thus form 60 per cent, of the Council, 
a proportion not far short of that prescribed by the Government 
of India Act for the Provincial Legislative Councils. We recognize 
the objections to the election of the rural representatives by the 
District Councils. As you are aware, we have never favoured the 
method of indirect election and have opposed its application to the 
Indian Legislative Assembly and to the Council of State. But in 
the case of Burma we see no alternative to its adoption. It is not 
possible, for the reasons explained in paragraph 24 of the local 
Government's letter of January 22, to base the electoral rolls on the 
assessments of land revenue and on the other hand the thathameda 
or capitation-tax rolls, which are the only materials available for 
the purpose, would yield a rural electorate of about 2,000,000, 



B URMA REFORMS S CHE ME 2 8 i 

The largest rural electorate proposed for any Indian province does 
not include more than 1, 300,000 voters in a population of 45, 000, 
000. We could not recommend for a province which has as yet 
had no experience of elections even to a District Council, an 
electorate based on household suffrage ; nor has the province the 
administrative machinery which would be required for the conduct 
of election in which the average number of voters in each constitu- 
ency would be 64, 000. 

11. We propose that the control of the Legislature over 
legislation should be the same as that exercisable by the Indian 
Provincial Legislative Councils. The power of the Government 
to ensure the passing of legislation regarded by it as essential 
should be secured by a provision or; the linos of section 13 of the 
Government of India Act. Provision should also be made for 
optional and compulsory reservation of Bills as in section 12 of 
that Act. We consider, however, that the resolutions of the 
Council regarding the budget should have the effect only of 
recommendations to the local Government. We should not expect 
the Government to disregard, save for strong reasons, the clearly 
expressed wishes of the Council ; but the function of giving or 
withholding the supplies necessary for the carrying on of Govern- 
ment is not one tha* can at the outset be entrusted to inexperienced 
hands and we tLLik that for the p resent at any rate statutory 
control over the proceeds of taxation should not be conceded to 
the new Council. 

12. We pass now to the structure of the Executive Govern- 
ment. The system of Boards, even in the modified form proposed 
in the local Government's letter of January 22, seems to us open to 
two criticisms. In the 1st place, the position of the Presidents 
would still be merely that of Secretaries to a local Government, 
entitled to refer matters to the head of the province, but not 
authorised to over- rule the heads of departments with whom they 
were to be associated. Secondly, it fails to satisfy the demand for 
a Governor in Council for which Burman opinion would* certainly, 
and, we think, rightly press. On the- other hand we are anxious 
to retain what we regard as the valuable feature in the system, vie., 
the association with each non-official member of an official colleague. 
If there were men available amongst the Burmans capable of assum- 
ing unaided the duties of Executive Councillors, we should have had 
no hesitation in recommending the appointment of an Executive 
Council of the ordinary type and indeed in all probability of Minis- 
ters too. But there are in fact no such Burmans at present, nor are 
they likely to be forthcoming for a number of years yet ; and it is 
not possible therefore to set up an Executive Council in which the 

36(a) 



282 GOVT. OF INDIA DESPATCH ON THE 

non-otiicial members whould ho in sole charge of their departments. 
Tho solution is to be found in the division of the Executive Council 
into departmental committees. Our proposal is that the Government 
of Burma should in future consist of a Governor and an Executive 
Council and that the Fxeoutuo Council should be divided into com- 
mittees each oi which would contain one official and one non-official 
member. The Lieutenant-Governor agioos that a Council of six 
members (which would absorb certain departmental offices, such as 
those of the Development and Financial commissioners) would be 
adequate, and we propose therefore that the strength of the Council 
should be fixed at ibis number, and that the.ro should be three com- 
mittees, one for homo affairs and local self-Government, one for 
revenue and finance and one for development. As in the normal 
form of Council Government tho Governor himself would administer 
certain subjects such as tho Shan States, Frontier and Hill Tracts and 
the Army and Marine. Thn members ot each committee would have 
equal powers ; but tho non-official member would bo tho senior 
member. In the event of any difference of opinion between 
the members of tho committee, either member would be 
entitled to refer the question in issue to the Governor 
but and here our scheme differs radically from that ori- 
ginal)} proposed by tho Lieutenant-Governor he would also, if 
not: willing to differ to the views of the Governor, have the right to 
demand that the matter should be taken in full Council. Decisions 
in Council would bo those of tho majority but the Governor would 
have the emergency power conferred by section 50 (2) of the 
Government of India Act. For the pre&unt, at any rate, wo recom- 
mend that one non official be a European and that two should be 
Hurmans. All members of the Council should be appointed by the 
Crown on the ads ice of tho Governor and should receive the same 
pay which might suitably be fixed at Ks. 1,000 per mensem. 

13. In the selection of non official members we would not 
restrict the field of choice to the elected members of the Legislature. 
It should be opon to tho Governor to recommend for appointment 
any suitable person, whether an elected member of the Legislature, 
or not. But we would further lay down that an elected member 
of the Legislative Council should, if appointed to be a member of the 
Executive Council, resign his elective seat on tho Legislative Council. 
Parliament has already accepted our view that it is impossible to 
reconcile amenability to the Legislature with the position of a 
member of an Executive (Vm.eil. The attempt to combine responsi- 
bilities so incompatible could only lead to that particular type of 
dead-lock which was tho cardinal weakness of the scheme of the five 
Governors, A dualism would at onco be established, but of a parti- 



KUEMA liEFORMS SCHEME 
cularly unsatisfactory type, since the two elements in the Govern- 
ment would havs no separate spheres of work and would be liable 
to come into conflict over the whole range of their duties. When 
a stage has been reached in the political development of Burma at 
which the non official members of the Council can be relieved of their 
official colleagues, the way will lie open for the appointment of full- 
blown ministers. Our scheme is designed only to meet the require- 
ments of period of transition and training which still lies before 
us, and is consistent with whatever line of advance may be found to 
bo the most promising. But it is none the less important that the 
Government to be set up in Burma should not prove unequal to the 
tasks which will confront it, and wo can conceive of nothing more 
likely to imperil its chances of success than a form of dualism which 
would reduce the Kxcoutive to importance. 

H. This concludes our proposals for the new constitution. 
They differ in many respects, the importance of which we do not 
-seek to minimise, from the scheme of reforms which has been appro- 
ved for India. But wo hold that the differences are no greater 
than the dispari'y in political conditions warrants. Relatively to 
these conditions the advance will beat least as great in the case 
of Burma as in that of the Indian provinces. Burma will secure at 
one stroke a wide extension of local Government, a Legislature 
in which the elected element will have a substantial majority and 
the control of legislation, and an Executive Government in which 
the official element will have only a bare preponderance. Wo 
believe that these reforms will bo recognized as adequate and indeed 
generous by all moderate Burman opinion and wo trust that they 
will commend themselves to your judgment.